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2014 Supreme(Raj) 116

BELA M.TRIVEDI
Rohit Singh – Appellant
Versus
Vishambhar Dayal Shukla – Respondent


Advocates Appeared
A.K. Pareek, for Petitioner;
B.B. Ojha, for Respondent

Hon'ble TRIVEDI, J.—With the consent of the learned counsels for the parties, the revision petition is decided finally at the admission stage.

2. The revision petition under Section 115 of CPC is directed against the order dated 19.3.13 passed by the Addl. Civil Judge (JD) No.2, Jaipur Metro-politan City, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 54/11, whereby the trial court has dismissed the application of the petitioner-defendant seeking rejection of the plaint under Order VII Rule 11(d) of CPC.

3. The short facts giving rise to the present petition are that the respondent-plaintiff has filed the suit against the petitioner-defendant seeking permanent injunction for restraining him from carrying out the construction of third floor and carrying out the construction in violation of the building bye-laws and regulations. It is alleged interalia by the respondent-plaintiff that the petitioner defendant is carrying out construction, on the plot allotted to him by the Housing Board, in violation of the building regulations framed by the Jaipur Development Authority (hereinafter referred to as 'the Authority'). In the said suit, the petitioner sought reject





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