SHIV KUMAR SHARMA, J. - (1.) THIS revision concerns the interpretation of provisions contained in Order 7 Rule 11 of the Code of Civil Procedure. More particularly it raises two questions (i) whether Section 143 of the Rajasthan Co -operative Societies Act, 1965 (for short the Act) is merely a part of the adjudicative law and deals with procedure alone? (ii) where requirement of two months notice is attracted, a premature suit is not maintainable and can be dismissed at the out set?
(2.) THE relevant facts of the case are for present purposes to be taken to be these. Plaintiff non -petitioner No. 1 (for short the plaintiff) on August 13, 1996, instituted a suit for declaration and permanent injunction against the defendant petitioner for short the defendant), the Life Insurance Corporation of India (for short LIC) and the State of Rajasthan (for short the State) in the trial court. It was pleaded by the plaintiff that land in question was allotted to the defendant by the State on April 25, 1991. The defendant, after dividing the said land into plots, further allotted it to as many as 64 persons, details of which were given in para 8 and 9 of the plaint. The plaintiff came to know about the allotment on July 29, 1995. It was prayed by the plaintiff that the allotment made by the defendant be declared null and void and defendant and LIC be restrained from proceeding further in respect of the said allotment. The defendant moved an application under Order 7 Rules 11 CPC, in the trial court and urged that the suit be dismissed at the out set as statutory notice required under Section 143 of the Act was not served upon the defendant and the suit was not properly valued. The trial court dismissed the application vide order dated September 23, 1996.
(3.) AGAINST the said order present action for filing the revision has been resorted to.;