SANGEET LODHA,J. - (1.) This petition is directed against the order dated 22.5.17 passed by the Civil Judge, Barmer in Civil Suit No. 12/13, whereby an application preferred by the petitioner under Order 7, Rule 11 CPC r/w Section 304 of the Rajasthan Municipalities Act, 2009 ("the Act"), stands rejected.
(2.) The facts relevant are that the respondents-plaintiffs filed a suit which is titled as suit for declaration and permanent injunction against the State of Rajasthan and the petitioner herein, seeking the relief that the order passed during the settlement entering the disputed land as Government land and the entries made pursuant thereto may be declared ab-initio void. It is further prayed that by way of permanent injunction, the defendants may be restrained from interfering with the possession of the plaintiffs over the disputed land and may not issue patta of the disputed land or portion thereof.
(3.) The suit is being contested by inter-alia the petitioner by filing a written statement thereto. During the pendency of the suit, the petitioner preferred an application under Order 7, Rule 11 CPC seeking rejection of the plaint on the ground that before filing the suit seeking declaration, the two months notice disclosing the cause of action was not served upon the petitioner herein as mandated by provisions of Section 304(1) of the Act and therefore, the suit instituted deserves to be rejected.;