JUDGMENT : Deepak Gupta, J. 1. This petition under Article 227 of the Constitution of India is directed against the order dated 19.5.2010 passed by the learned Additional District Judge, Shimla whereby he dismissed the appeal filed by the petitioners and upheld the order of the Civil Judge (Sr.Division), Court No.1, Shimla refusing to grant interim relief in favour of the petitioners. 2. Petitioner No.1 is the Christ Church at the Ridge, Shimla. Outside the Church, there is some open space. The case of the petitioners was that to raise funds for the maintenance of the Church, it had been organising certain exhibitions-cum-sales from time to time and some amount was charged from the parties who were given temporary stalls to display and sell their products. The Municipal Corporation, Shimla objected to setting up of such stalls and also took an objection that no market could be set up without its permission. 3. By means of this suit, the petitioners challenged the action of the Municipal Corporation, Shimla and also filed an application under Order 39 Rules 1 and 2, CPC wherein the petitioners prayed that the respondent be restrained from preventing the petitioners from holding such exhibitions-cum-sales. This application was rejected by the learned Trial Court and the order of the Learned Trial Court has been upheld by the learned District Judge, Shimla. 4. In my considered view, even an exhibition-cum-sale in temporary stalls will be a private market within the meaning of Section 2(42) of the Municipal Corporation Act which reads as follows:- "2(42) "private market" means a market which is not a municipal market." 5. Obviously, the premises where the exhibition-cum-sale is held by the petitioners are not a municipal market and so would fall within the ambit of the definition of the private market. Under Section 315 (1) of the Act, no place other than a municipal market shall be used as a market unless licence has been issued by the Commissioner of Municipal Corporation. Section 315 (1) reads as follows:- "315 (1). No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner." 6. Section 315 (1) reads as follows:- "315 (1). No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner." 6. The persons who are permitted to sell or exhibit the items for sale will be covered under Section 324 of the said Act and obviously such persons shall have to obtain licence separately if they are selling any of the items covered under the said Section. It is thus obvious that the scheme of the Act makes it obligatory for a person to seek permission of the Municipal Corporation before embarking upon any exhibition-cum-sale even on his own private land. 7. Sh.Naresh Kumar Sood, learned counsel for the petitioners submits that the petitioners have applied to the Municipal Corporation, Shimla for grant of such permission. It is made clear that such permission cannot be granted on a permanent basis because obviously, the permission envisaged under the provisions, referred-to-above, is only meant for short term basis. Since the petitioners have applied for permission, this petition is dismissed with the direction that the Municipal Corporation, Shimla shall pass orders on the application filed by the petitioner seeking permission to hold such exhibition-cum-sale by passing a reasoned order within four weeks from today. No order ass to costs.