GHANSHYAM Vs. RAM NIWAS

JUDGEMENT

(1.) This is a second appeal filed by the plaintiff Ghanshyam against the judgement and decree of the Additional Commissioner, Agra Division, Agra dated 8-7-1985 allowing the appeal against the judgement and decree of S.D.O. Wah, district Agra dated 28-8-1984 and rejecting the plaint under Order 7 Rule 11 C.P.C.

(2.) The plaintiff Ghanshyam filed a suit under Sec. 229-B of the U.P.Act No. 1 of 1951 claiming to be co-tenure-holder along with the defendant.

(3.) The trial court decreed the suit The learned Additional Commissioner allowed the appeal and held that the suit was barred under Sec. 80 C.P.C. inasmuch as fresh notice was not given to the state while filing the subsequent suit even though it had been served before the institution of the previous suit which had been withdrawn. In his opinion a notice was mandatory each time separately before filing each suit. He, therefore, rejected the plaint under Order 7 Rule 13 C.P.C.