SANGEET LODHA,J. - (1.) This petition is directed against order dated 5.1.17 passed by the Senior Civil Judge, Sadulsahar, whereby an application preferred by the petitioner/defendant under Order 7, Rule 11 CPC stands rejected.
(2.) The respondents/plaintiffs filed a suit for permanent injunction against the petitioner in respect of two residential plots alleged to be in their use and occupation. The petitioner preferred an application under Order 7, Rule 11 CPC contending that the suit has been filed by the plaintiffs against her in his individual name as Sarpanch, Gram Panchayat whereas, the plaint filed does not disclose any cause of action against her in individual capacity. That apart, it was contended on behalf of the petitioner that if the suit is filed against her as Sarpanch, Gram Panchayat, before instituting the suit, it was incumbent upon plaintiff to fulfil the condition precedent of notice under Section 109 of Rajasthan Panchayati Raj Act, 1994. The petitioner further contended that Gram Panchayat, Maniwali and Secretary, Gram Panchayat are necessary parties and thus, the suit suffers from vice of non joinder of necessary parties. It was contended that the suit as framed seeking permanent injunction without the relief of declaration is not maintainable.
(3.) The application preferred by the respondent/plaintiff has been rejected by the court below observing that the issues raised by the defendants are mixed questions of law and facts which could be decided appropriately only after the evidence being led by the parties.;