VRINDABAN Vs. GAON SABHA OMRI KALAN

JUDGEMENT

(1.) This is Defendants' revision filed under Section 115 of the Code of Civil Procedure. The Gaon Sabha, Omri Kalan filed a suit for demolition against the Defendants. A written statement was filed. Amongst several pleas taken in defence, one of the pleas was that the suit was not maintainable as no resolution had been passed by the Land Management Committee authorising filing of the suit as required by paragraph 128 of the U.P. Gaon Sabha Manual. It may at this stage be noted that a plea was also raised that the suit was filed on account of enmity of the Defendants with the Pradhan of the Gaon Sabha.

(2.) Learned Munsif trying the suit framed issue No. 5 on the question of non-maintainability of the suit on this ground. This issue No. 5 was heard by the learned Munsif as a preliminary issue. He, by his order dated 29th October, 1977 held that the suit was maintainable. It is against this order of the learned Munsif that the present revision has been filed in this Court.

(3.) I have heard Shri S.D. Pathak, learned Counsel appearing for the Defendant-Applicants. He has submitted that since it had not been proved that there was any resolution passed by the Land Management Committee authorising filing of the suit against the Defendants Applicants, the suit was not maintainable as provisions of Paragraph 128 of the Gaon Sabha Manual which were mandatory, were not complied with. In support of this submission, he has placed reliance upon the decision of the learned Single Judge of this Court in Gram Samaj v. Dy. D.C.,1969 AWR 500.