SANGEET LODHA,J. - (1.) This petition is directed against order dated 22.12.16 passed by the Additional District Judge No.2, Jodhpur Metropolitan City, in Civil Original Suit No.28/14, whereby an application preferred by the petitioner under Order 7, Rule 11 CPC, seeking rejection of the plaint, stands dismissed.
(2.) The first respondent filed a suit for cancellation of allotment of a shop in Main Mandi Premises, Krishi Upaj Mandi Samiti, Jodhpur made in favour of M/s. Anshul Trading Company, a firm run by the defendants, the petitioner and second respondent herein.
(3.) During the pendency of the petition, the petitioner filed an application seeking rejection of the plaint on the ground that the suit instituted against the Krishi Upaj Mandi Samiti without service of two months notice in writing as mandated by provisions of Section 31 of Rajasthan Agriculture Produce Market Act, 1961 (for short "the Act of 1961") is liable to be rejected. That apart, the petitioner contended that the plaint is also liable to be rejected on the ground of availability of an efficacious alternative statutory remedy to the plaintiff under Section 16 of the Act of 1961 and further that the suit filed after expiry of period of six months from the date of accrual of cause of action, is liable to be rejected by virtue of provisions of sub-section (2) of Section 31 of the Act of 1961.;