SHINGHAL, J —This is a petition to revise the order of the District Judge of Pratapgath dated December 10, 1966.

2. It will be sufficient to mention that the suit giving rise to the impugned order was instituted against the Municipal Board of Nimbahera on August 31, 1963. It was not stated in the plaint that the plaintiffs had complied with the requirement of sec. 271 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959, hereinafter called the Act) in the matter of giving a written notice to the Board for the institution of the suit. The defendant Board filed its written statement on November 28, 1963. It was not pleaded in that written statement that the plaintiffs had failed to comply with the requirement of the said sec. 271 and the case proceeded to trial. A petition was, however, filed by the Wakf Board of Rajasthan on April 9, 1966, praying that it may be impleaded as a plaintiff in the suit and expressing its willingness to join the trial at the stage already reached. The defendant Municipal Board stated that it had no objection to this being done and the Wakf Board was accordingly arrayed as a plaintiff by an order dated April 9, 1966. A direction was, all the same,

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