KARAN SINGH CHOUHAN AND OTHERS Vs. MANU BAL SIKSHAN SANSTHAN, SOORSAGAR JODHPUR AND OTHERS
LAWS(RAJ)-2018-5-123
HIGH COURT OF RAJASTHAN
Decided on May 09,2018

Karan Singh Chouhan And Others Appellant
VERSUS
Manu Bal Sikshan Sansthan, Soorsagar Jodhpur And Others Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This revision petition has been filed by the petitioners aggrieved against the order dated 27.1.2015 passed by the Additional Civil Judge No.1, Jodhpur Metro ('the trial court'), whereby the application filed by the petitioners under Order 7, Rule 11 CPC has been rejected.
(2.) The respondent - plaintiff filed a suit for permanent injunction, inter alia, with the averments that the respondent - Society was running a school in the name of Manu Bal Niketan and the same was being operated in the premises of the petitioners on nominal rent. Submissions were made regarding the user of the premises and the attempts being made by the petitioners to take possession of premises in question, based on the said averments, injunction was sought against the petitioners - defendants.
(3.) The petitioners filed application under Order 7, Rule 11 CPC, inter alia, with the averments that the suit was barred under Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act'). Plea was also raised regarding the plaint being barred under Sections 58 and 117 of the Rajasthan Cooperative Societies Act, 2001.;


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