JUDGMENT

Anil Verma, J.

1. The petitioner has filed present revision under sec. 115 of the Civil Procedure Code 1908 (for short C.P.C) being aggrieved by the impugned order dtd. 09/09/2021 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 Sec. 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 dtd. 09/09/2021, 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 Sec. 66 and