Order

06/02/2023 This civil revision petition is directed against the order dated

06.01.2023 passed by the learned Civil Judge No.1, Alwar (for brevity, “the learned trial Court”) in Civil Suit No.34/482/2022 whereby, an application filed by the petitioner/defendant no.2 (for brevity, “the petitioner”) under Order 7 Rule 11 CPC has been dismissed.

The relevant facts in brief are that the respondent no.1/plaintiff (for brevity, “the plaintiff”) filed a suit for declaration and permanent injunction against the petitioner and the respondents no.2 & 3. An application filed by the petitioner under Order 7 Rule 11 CPC seeking rejection of the plaint for want of compliance of Section 304 (1) of the Rajasthan Municipalities Act, 2009 (for brevity, “the Act of 2009”), has been dismissed by the learned trial Court vide order dated 06.01.2023, impugned herein.

Assailing the order, learned counsel for the petitioner submits that since the relief in the suit for declaration was sought against the defendant no.3, the Municipal Council, Alwar, it was not maintainable in absence of service of a prior notice under Section 304 (1) of the Act of 2009 which is a mandatory requirement. He, therefore, pray