- (1.) THIS revision petition has been filed against the Order dated 23/12/2013 passed by the Civil Judge, Senior Division, Neem ka Thana in civil suit No. 82/2003 (172/2005), titling Hansraj versus Hanuman Prasad, whereby the application filed by the petitioner -defendant under Order 7 Rule 11 C.P.C. was dismissed.
(2.) BRIEF facts are that the plaintiffs -respondents Nos. 1 and 2 instituted a Regular Civil Suit before the learned trial Court for declaration and permanent as well as mandatory injunction against the defendant -petitioner and Municipal Board, Neem ka Thana on 03/09/2003, inter alia, claiming the following reliefs: -
(3.) AN application under Order 7 Rule 11 CPC was filed by the petitioner -defendant raising an objection about the maintainability of the suit in absence of a notice as required to be served under Section 271 of Rajasthan Municipality Act, 1959 (for short 'the Act'). A reply to the application was filed by the respondents -plaintiffs, para 1 of the reply as follows: ;