ORAL JUDGMENT :

1. Heard finally by consent of both the learned counsel.

2. This revision petition is of original defendant, challenging the order dated 22.09.2021, passed by the Second Joint Civil Judge, Junior Division, Jalna at Exh. 11 in R.C.S. No. 155 of 2021. The applicant/defendant has filed said application for rejection of plaint in terms of Order VII Rule 11 of the Code of Civil Procedure, by contending that the plaint which is filed in representative capacity, was not in conformity with the provisions of order I Rule 8 of the Code of Civil Procedure (for short ‘C.P.C.’). Moreover, the construction is complete and the suit has become infructuous.

3. It reveals that the respondent/plaintiff has filed simplicitor suit for injunction restraining defendant from raising any sort of construction. It appears that the suit is filed in representative capacity. The respondent’s learned counsel would submit that by the time the respondent has published a paper publication in compliance with the order 8 Rule 2 of C.P.C. Moreover, by placing the reliance on the decision of this Court in the case of Hubli Panjarapole And Others vs. Saraswatevva Bayappa Kala Ghatki – 1953 (55) Bom. L.R. 2