NAROTTAM SINGH Vs. SHEOPAL SINGH AND ANOTHER

JUDGEMENT

(1.) The respondent Sheopal Singh filed a suit before the Nyaya Panchayat Ramnagar, district Mainpuri against the appellant Narottam Singh for recovery of Rs. 250/ - which was said to have been advanced to Narottam Singh. The Sarpanch of the Nyaya Panchayat was admittedly Ganesh Singh and Baijnath Singh was the Pradhan of the village. The suit was decreed ex parte. Thereafter Narottam Singh instituted the suit in appeal for the cancellation of the money decree passed against him by the Nyaya Panchayat on the ground that it was obtained fraudulently by the decree -holder. The suit was decreed by the trial court, but the lower appellate court dismissed it. Admittedly the relations between the appellant Narottam Singh and Ganesh Singh and Baijnath Singh were bitterly strained. The appellant had taken proceedings u/Ss. 107/117 of the CrPC against Ganesh Singh and Baij Nath Singh. The trial court found that Sheopal Singh was related to Ganesh Singh and Baij Nath Singh. This finding does not appear to have been disturbed by the lower appellate court. The suit instituted by Sheopal Singh was heard by the Nyaya Panchayat consisting of Panches other than the Sarpanch Ganesh Singh. The fact, however, remains that the suit was decreed ex -parte. The contentions of the appellant that the date of the institution of the suit was manipulated by the Sarpanch and further that the written statement which he had personally handed over to the Sarpanch was not brought on the record were not found to have been established by the lower appellate court although the trial court had found in favour of the appellant on the aforesaid questions. Where the relations between a Sarpanch of a Nyaya Panchayat and a person whose suit is pending before the Panchayat are severely strained but the case is tried by Panches other than the Sarpanch himself it may be said that the aforesaid animosity between a litigant and the Sarpanch is not sufficient for holding that the suit should not have been tried by the particular Nyaya Panchayat. The members of a Nyaya Panchayat although they discharge judicial functions are persons elected by the village community. It is out of the members elected by the village people that certain persons are nominated to the Nyaya Panchayat. All the members of the Nyaya Panchayat may be persons belonging to the same group in the village or might have common social or political affiliation. Under these circumstances if a person has a case before a Panchayat and the Sarpanch of the Panchayat is bitterly opposed to him he may have a reasonable apprehension that the Nyaya Panchayat, even if it consists of persons other than the Sarpanch it may be influenced by the latter and may not dispense justice in an impartial manner. In the present case admittedly, apart from the Sarpanch, the Pradhan of the village was also on inimical terms with the appellant. Furthermore, the decree -holder Sheopal Singh appears to have been related to the Sarpanch of the village. Under these circumstances the appellant could have a reasonable apprehension that the Nyaya Panchayat had not dispensed impartial justice in the case against him.

(2.) I therefore allow the appeal and decree the suit. I further direct that the suit shall be sent for disposal by a Nyaya Panchayat of a village close to village Ramnagar as directed by the Addl. District Magistrate (Judicial) of Mainpuri. The parties will bear their own costs throughout.