LAWS(ALL)-2004-4-86

RAJ KUMAR Vs. STATE OF U P

Decided On April 22, 2004
RAJ KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner, aggrieved by an order passed by the trial court rejecting his application 71Ga and objection 77Ga.

(3.) The petitioner raised an objection that the suit filed on behalf of Gaon Sabha cannot be filed through a private counsel who is not a penal lawyer and thus there is violation of Para 103 of the Gram Samaj Manual. The trial court accepted the plea and rejected the plaint under Order VII. Rule 11. Aggrieved thereby the plaintiff preferred an appeal before the lower appellate court. The lower appellate court reversed the order passed by the trial court and held that the suit is maintainable. Aggrieved thereby the petitioner approached this Court by means of this writ petition.