CITY BOARD, MATHURA Vs. KUNDAN LAL AND OTHERS

JUDGEMENT

(1.) This second appeal by the City Board of Mathura is directed against the decree dated 9th May, 1972 passed by the lower appellate court restraining the appellant from storing rubbish, refuse and night-soil at or on any portion of the land shown by the letters DCEF in the map annexed to the plaint.

(2.) Although notice of the appeal appears to have been duly served on the plaintiff respondents, none of them appeared at the hearing of the appeal.

(3.) Mr. R. P. Goel, learned counsel for the appellant contended that the suit was bad for want of a notice under Sec. 326 of the U. P. Municipalities Act; that the provisions of sub-section (4) thereof did not save the suit from the operation of sub-section (1) of Sec. 326 of the Act; and that being so the suit could not have been decreed by the lower appellate court, as no notice under sub-section (1) of Sec. 326 had been served by the plaintiff-respondents before the institution of the suit.