S.K. Keshote, J.-The plaintiff appellants filed a suit against Nagar Palika, Beawar & Others for permanent injunction, perpetual injunction and declaration of title, damages and possession in respect of the property in dispute.

2. The Nagar Palika, Beawar, filed written statement in the suit; therein it has not taken any objection re the maintainability of the suit for want of a notice under Section 271 of the Rajasthan Municipalities Act, 1959 (hereinafter shall be referred to as the Act, 1959)

3. On 04.02.1975 the learned trial Court framed six issues in the suit.

4. The respondent Nagar Palika, Beawar, did not press for framing of any issue re maintainability of the suit of the plaintiff appellants for want of notice by them to it under Section 271 of the Act, 1959. When the plaintiffs evidence completed and the suit reached at the stage of defendants evidence, the Nagar Palika, Beawar, on 07.09.1981 filed an application under Order 7 Rule 11 (d) and Section 151 of the Civil Procedure Code; therein it prayed for dismissal of the suit for want of a notice by the plaintiff appellants. On 07.09.1981 the learned trial Court allowed this application and dismissed the suit of