VINEET KOTHARI, J. - (1.) THIS writ petition is directed against the order dated 8.9.2009 whereby the learned trial court has rejected the application under Order 7 Rule 11 C.P.C. of the private defendant in a suit for cancellation of sale deed filed by the plaintiff.
(2.) LEARNED counsel for the defendant submits that since under Section 80 C.P.C. notice was not served on the State as required by the said provision, the suit was not maintainable. He cited the decision of Hon'ble Supreme Court in the case of Bajaj Hindustan Sugar and Industries Ltd. v. Balrampur Chini Mills Ltd. and Ors., 2007(2) Civil Court Cases 633 (S.C.) : 2007 DNJ (SC) 325 and decision of Rajasthan High Court in the case of Rajkea Middle School, Daulatpura v. Ramkumar and Ors., AIR 1998 Raj. 172. On a reading of plaint, it appears that no relief has been claimed in the suit against the State except that upon cancellation of sale deed if decreed by the learned trial court necessary entries may be made by the Sub- Registrar. In such circumstances, this Court is of the opinion that private defendant could not maintain an application under Order 7 Rule 11 C.P.C. and if any objection in this regard, the same may be raised before the State Government itself.
(3.) CONSEQUENTLY , the learned trial court has not committed any error in rejecting the said application under Order 7 Rule 11 C.P.C.;