BRIJ MOHAN SINGH Vs. DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) Sri Murtuza Ali and Sri S.C. Verma learned counsels for the petitioner and Shri Ran Vijay Singh learned standing counsel for the respondents. This petitioner first moved before the learned Single Judge as an application under Article 226 of the Constitution of India. The learned Single Judge felt that the application would lie under Article 227 of the Constitution of India. Accordingly, the matter came up before us today. However, we find that the prayers made in the writ petition cannot apply to an application under Article 227 of the Constitution of India. Be that as it may, the contention of the learned counsel for the petitioner is that the order passed in civil suit on the basis of which the Panchayat Raj Officer has passed the impugned order is not proper in view of the fact that the civil suit itself is not maintainable and barred under the provisions of the U.P. Panchayat Raj Act.

(2.) If the suit is not maintainable since it is barred under the specific statute, in our view there is adequate remedy under the Code of Civil Procedure itself and proper course for the petitioner shall be to make an application before the Civil Judge for rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Misc. Writ Petition No. Procedure. The learned counsel for the petitioner fairly conceded to the view taken by us in the matter and has submitted the proper course in such circumstances is to make an application for rejection of the plaint under Order VII Rule 11 (d) of the Code of Civil. Procedure which is set out herein below:

(3.) 11. Rejection of plaint: The plaint shall be rejected in the following cases:- (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is property valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law: