1. This revision petition is directed against order dated 05.03.2018 passed by Civil Judge, Dungarpur, whereby, the application filed by the petitioners under Order VII, Rule 11(d) CPC has been rejected.

2. The respondent-plaintiff filed a suit for declaration, permanent & mandatory injunction against the petitioners and also impleaded the Registrar Societies and the State Government through Collector as party defendants.

3. The petitioners filed application under Order VII, Rule 11 CPC, inter alia, questioning the maintainability of the suit in absence of notice under Section 80 CPC and a reference was made to provisions of Section 143 of the Co-operative Societies Act, 1965 (‘the Act’).

4. Reply to the application was filed contesting the averments made therein and it was submitted that the application under Section 80(2) CPC has been filed with the suit and leave has been granted by the Court.

5. The trial court after hearing the parties, came to the conclusion that permission in this regard was granted by this Court on 09.02.2017 and thereafter the suit has been registered. The Court was also of the opinion that as the relief claimed in the plaint essentially did not pertain