(Smt. Geeta and others Vs. Indore Municipal Corporation and others)

Indore, dated: 04.09.2018 Parties through their counsel.

The petitioner before this Court has filed this present petition being aggrieved by the order dated 05.05.2017 by which the trial court has allowed the application preferred by the Indore Municipal Corporation.

The facts of the case reveal that the petitioner, who is plaintiff before the trial court has filed a civil suit in respect of the land admeasuring 15X30 Sq. Fts. claiming permanent injunction and Indore Municipal Corporation was impleaded as one of the respondents.

An objection was raised by Indore Municipal Corporation by filing an application under Order 7 Rule 11 of C.P.C. and it was pointed out that the procedure as prescribed under Section 401 of M.P. Municipal Corporation Ac, 1956 has not been followed. The plaint is also on record and the plaint also does not disclose that on which date, notice was served upon Indore Municipal Corporation.

The plaint is very much on record as Annexure P-1 and the mandatory requirement of serving one month notice in writing to the Indore Municipal Corporation is not in existence in the plaint. The trial court after t