MOHINDER LAL Vs. MUNICIPAL CORPORATION JULLUNDUR

JUDGEMENT

(1.) The plaintiff-appellant filed a suit for declaration to the effect that the order dated 24.5.1984 passed by the Commissioner, Municipal Corporation, Jalandhar, dismissing the appellant from service was illegal, arbitrary against the principles of natural justice, against the mandatory provisions of the rules and thus null and void. It was further the case of the plaintiff-appellant that he continued to be in service with all the benefits attached thereto.

(2.) The suit was resisted on merits. An objection was raised in the written statement that the Municipal Corporation was not served with the notice under Section 396 of the Punjab Municipal Corporation Act (for short 'the Act'). On the pleadings of the parties, the following issues were framed :

(3.) During the course of hearing it has been noticed that issue No. 3 is not happily worded. The wording of the issue shows as if the trial Court thought that notice was not actually served and, therefore, the court was only to see as to what was the effect of non-issuance of the notice under Section 396 of the Act. However, after perusing the averments made in the plaint and the written statement it has become clear to this court that the precise question between the parties under Issue No. 3 which needs to be decided by this Court is whether notice was actually given/served or not. Before determining this question, it is necessary to have a look at the finding recorded by the trial Court under this issue. "Shri Narinder Behal, P.W.2, learned counsel for the plaintiff has formally proved copy of the notice Ex.P2 which was served by the plaintiff on the defendant. Postal receipt of registration is Ex.P1. No material infirmity is pointed out in this evidence. No evidence in rebuttal on this point has been produced. Therefore, this issue must be decided against the defendant and for the plaintiff."