EXECUTIVE ENGINEER Vs. SHERIF MOHAMMAD I SHAIKH

JUDGEMENT

(1.) Heard Mr. Soni learned Counsel for the appellants. Nobody was appearing for the respondents even though the respondents were served However, looking to the submissions made by Mr. Soni and the crucial question involved, Mr. Murthy, Advocate, was appointed as amicus curiae to assist the Court because the decision on the issued involved were going to have wider implications, therefore I heard Mr. Murthy.

(2.) Appellants are the original defendants. Suit came to be filed by the respondents against the appellants for recovering sum of Rs. 58. 000/- and odd, that was in respect of the work done by the respondents pursuant to the tender submitted by them and work done by them. Before filing the suit the original plaintiff gave a notice under section 280 of the Maharashtra Zilla parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as "the act of 1961"). This notice Exhibit 40 was dated 10-10-1990 and since the appellants did not make any amends, a suit came to be filed on 25-9-1991. The defendants appellants raised contention before the trial Court that the suit was barred by limitation and that contention was rejected by the lower court and on merits the suit was decreed, therefore this appeal.

(3.) Appellants raised only one question, viz. the suit being barred by limitation should have been dismissed. His submissions are based on following legal provisions. Section 280 of the Act of 1961 lays down that before any suit is filed against the Zilla Parishad, the proposed plaintiff will have to give statutory notice to the Zilla Parishad as provided by section 280. Giving of such a notice is mandatory and no suit can be instituted without giving notice. Section 280 further requires that one month's notice should be given in writing of the intended suit and the suit has to be filed within three months from the date of the Act complained of. This will be clear from section 280 itself, which reads as under : "280. (1) No suit shall be commenced against any Zilla Panshad or against any officer or servant of, or working under, a Zilla Parishad or any person acting under the orders of Zilla Panshad or Panchayat Samitifor anything done, or purporting to have been done, in pursuance of this Act, without giving to such Zilla Parishad Officer, servant, or person one month's previous notice in writing of the intended suit nor after three months from the date of the Act complained of. The notice shall state the cause of action, the nature of the relief sought, the amount of compensation claimed and the name of place of abode of the person who intends to bring the action. (2) In the case of any such suit for damages, if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered, and shall pay all costs incurred by the defendant after such tender. "