JUDGMENT :

1. This revision under section 115 of the Code of Civil Procedure has been preferred by the petitioner Laxmi Prasad against the order dated 19-1-1976 passed by the District Judge, Raipur, in Misc. Judicial Case No. 2 of 1976.

2. According to the petitioner, he has constructed a house in Raipur City after obtaining requisite sanction from the non-applicant, Municipal Corporation, Raipur. But on 9-1-1976, the petitioner was served with a notice from the non-applicant for the removal of the construction of some rooms and the balcony, which have been constructed beyond the sanction, further failure to do so, the non-applicant would demolish them. The petitioner moved an application under section 307 (5) of the M. P. Municipal Corporation Act, 1956 (hereinafter referred to as an Act) for an injunction restraining the non-applicant Muncipal Corporation, Raipur, from demolishing them. The lower Court rejected that application as not maintainable. Hence, this revision by the petitioner challenging the said order.

3. According to the learned counsel for the petitioner, the lower Court wrongly held that a petition could not lie for an injunction by an applicant against Corporation un