P.C.

By this motion, the applicants (some of the original defendants) seek rejection of the plaint under Order VII rule 11(d) of the Code of Civil Procedure, 1908. Plaintiffs have filed a suit inter alia praying for declaration that the development agreement dated 21st October, 2007 executed by and between the plaintiffs and defendant no.1 is binding on all the defendants, their servants, agents and any persons claiming through them including all the members of the defendant no.1 society. Plaintiffs have also prayed for order and decree against defendant nos. 2 to 72 to execute their consent for redevelopment in favour of the plaintiffs in terms of the development agreement.

2. This motion has been filed by the applicants on the ground that though in the plaint and in particular paragraph 17, it is averred by the plaintiffs that in view of the urgency in the matter, notice under section 164 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the “Said Act”) has not been given to defendant no.1 and that the same be dispensed with, plaintiffs have not applied for dispensing with the said notice. It is submitted that though the plaintiffs have sou