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2022 Supreme(MP) 695

ANIL VERMA
KRISHI UPAJ MANDI SAMITI, DHAR – Appellant
Versus
KHEMCHAND JAIN, DHAR – Respondent


ORDER : – The petitioner has filed present revision under section 115 of the Civil Procedure Code, 1908 (for short C.P.C) being aggrieved by the impugned order dated 9-9-2021 passed by the Civil Judge, Class-II, Dhar in Civil Suit No. 99-A/2021, whereby an application filed under Order 7, Rule 11 of CPC has been dismissed.

2. Brief facts of the case are that the respondent/plaintiff instituted a suit for declaration and permanent injunction against the petitioner/defendant. The petitioner filed an application under Order 7, Rule 11 of CPC before the trial Court and raised a preliminary objection to maintainability of such a civil suit contending that in view of section 66 of MP Krishi Upaj Mandi Adhiniyam, 1972 (in short Adhiniyam) the jurisdiction of Civil Court was excluded and cancellation of license could not be challenged before the Civil Court. After hearing both the parties, the trial Court has dismissed the application vide impugned order dated 9-9-2021, hence present revision before this Court.

3. Learned counsel for the petitioner has submitted that the plaintiff has not given any notice before filing of the suit to the petitioner/defendant and as per sections 66 and 67 o

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