S.B. CIVIL REVISION PETITION NO.466/2006 (Gram Panchayat, Vopari & Anr. Vs. Gordhan Singh) Date of order :: 12.08.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.P.S. Rathore, for the petitioners. Mr.B.S. Mertia, for the respondent. Heard learned counsel for the parties. I have perused the impugned order dated 23rd August, 2006 whereby the application filed by the Gram Panchayat, Vopari before the trial court in the suit filed by the respondent under Order 7 Rule 11 was rejected. An objection was raised by the petitioner Gram Panchayat before the trial court that notice under Section 109 of the Panchayati Raj Act is mandatory before filing suit against the Gram Panchayat but no notice was given by the plaintiff before instituting suit, therefore, no cause of action arises. The learned trial court while giving cogent reason that looking to the action of Gram Panchayat no ground is made out to accept the application filed under Order 7 Rule 11 CPC, therefore, relying upon the judgment of this Court reported in RLW 2004 (3) (Raj.) - Mohd. Ibrahim Vs. Radhey Lal & Anr., dismissed the application filed under Order 7 Rule 11 CPC. In my opinion, the order passed by the learned trial court does not suffer from any illegality. Hence, this revision petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-