- (1.) The present Revision Petition under Section 115 of the Code of Civil Procedure has been filed by the petitionerdefendant in Civil Original Suit No.42/2008 "Kundan Mal Vs. Ramesh Kumar" against the impugned order dated 26.05.2015 by which, the learned Trial Court of Additional District Judge, Sujangarh, District Churu, while deciding preliminary issue Nos. 6 and 7, has held that before instituting a suit against the Municipality, prior notice of two months, as required under Section 271 of the Rajasthan Municipality Act, 1959 ("the Act of 1959") is not necessary, as the said provision is directory in nature.
(2.) The private defendant and not the concerned Municipal Council in the present suit has filed the present revision petition aggrieved by the impugned order dated 26.05.2015.
(3.) The relevant portion of the findings of the learned Trial Court in the impugned order dated 26.05.2015 is quoted herein below for ready reference:- 1640871-2;