- (1.) In this revision petition, petitioner J.K. White Cement Works, Gotan is challenging order dated 20.7.2009 passed by the learned Civil Judge (Jr. Dn.), Merta in Civil Original Suit No. 36/2009 whereby the application filed under Order 7 Rule 11, C.P.C. by the petitioner-defendants for rejection o the suit filed by respondent-plaintiff was rejected.
(2.) According to brief facts of the case, non-petitioner plaintiff was employee of the petitioner company since July 1983 and was working on the post of driver, His services were terminated by the petitioner-defendant on 2.1.2008 after holding regular inquiry. On 1.2.2008, a notice was served upon the respondent-plaintiff calling upon him to vacate quarter No. E-105 which was allotted to him by the company in the colony constructed by the petitioners at Gotan for its employees. Against said notice and another notice dated 26.3.2009, the respondent-plaintiff filed suit for permanent injunction Along with the said suit, application for temporary injunction was also move by the plaintiff.
(3.) In the suit, though written-statement was filed, the petitioner-defendants also filed an application under Order 7 Rule 11, C.P.C. before the trial Court. Learned trial Court, vide the impugned order dated 20.7.2009, rejected the said application which is under challenge in this revision petition.;