Municipal Council, Mahasamund v. Harishchandra Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No.

of 201 Municipal Coucil, Mahasamund, Through Chief Municipal Officer, office- Municipal Council, Mahasaund, District Mahasamund (C.G.) ---- Applicant

Versus

1. Harishchandra Sahu, S/o Late Shri Kamla Prasad Sahu, aged about -52 years, Occupation- Business, Bazar Ward No.11, Mahatma Gandhi Ward, R/o Ward No. 14, Behind Sriram Temple, Mahasamund, Tahsil and District Mahasamund (C.G.)

2. Phoolchand Sahu, S/o Shivnath Sahu, aged-56 years, Occupation - Hotel Business, R/o Ward No.18, Subhash Nagar, Mahasamund, Tahsil and District Mahasamund (C.G.) ---- Respondents For Applicant:

Mr. Siddharth Rathod, Advocate.

For Respondent No.1:

Mr. H.B. Agrawal, Senior Advocate with Mr. Pankaj Agrawal, Advocate For Respondent No.2:

Mr. Pawan Kesharwani, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 6 /201 (1) Applicant/Defendant No. 2 - Municipal Council, Mahasamund filed an application under Order 7 Rule 11 of the Code of Civil Procedure (henceforth 'CPC') before the trial Court for dismissal of the suit on the ground that notice under Section 319 of Chhattisgarh Municipalities Act, 1961 has not been served.

(2) The trial Court, by its impugned order dated 07.01.2016, rejected

the application holding that the plaintiff has filed the suit for vacant possession and for arrears of rent and, therefore, the application has no substance.

(3) After hearing learned counsel appearing for the parties, I do not find any jurisdictional error in the order impugned, however, the applicant is free to raise such plea in the written statement and if such plea is raised, the trial Court would do well to consider the feasibility of framing issue in this regard and/or to decide the same in accordance with law. (4) With the aforesaid observation, the civil revision stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-