COMMISSIONER DEWAS MUNICIPAL CORPORATION Vs. ANUSUEEYA

JUDGEMENT

(1.) Shri Rajendra Shrivastava, learned counsel for the petitioners.

(2.) The petitioners Commissioner, Municipal Corporation along with three others before this Court have filed this present petition against the order dated 3-4-2014 passed by the learned District Judge Dewas.

(3.) The contention of the petitioners is that the sole respondent has filed a civil suit claiming damages as the house was demolished by certain persons. An application was preferred on behalf of the defendants stating that in light of section 402 of Municipal Corporation Act, 1956, no civil suit is maintainable as the officers of the Municipal Corporation are enjoying immunity for any act done by them in good faith. The order passed by the trial Court reflects that the plaintiff was directed by the trial Court on 5-4-2010 to implead the State of Madhya Pradesh as one of the respondents and the same has been done. The order further reflects that there is an allegation in the plaint that without any notice the Municipal Corporation has demolished the house of the respondent I and the officers have forged certain documents in order to take shelter of section 402 of the Act of 1956. Learned District Judge has observed that the aforesaid objection can be decided after framing of issues and after appreciating the evidence adduced by the parties.