MUNICIPAL CORPORATION Vs. PRAHLAD PARKASH

JUDGEMENT

(1.) APPELLANT -defendant has assailed the judgment and decree dated 19.12.1986 passed by learned Additional District Judge, Jalandhar, whereby judgment and decree dated 18.11.1983 passed by learned Sub Judge 1st Class, Jalandhar, has been reversed. For convenience sake, hereinafter parties will be referred to as appeared in the trial court i.e. appellant as defendant and respondent as plaintiff.

(2.) BRIEF facts of the case are that plaintiff filed a suit for declaration challenging the assessment made for the year 1981 -82 and 1982 -83 whereby the house tax was assessed by the defendant. After notice, defendant appeared and filed written statement. Plaintiff filed replication controverting the allegations of the defendant and reiterating his version as set out in the plaint.

(3.) WHETHER notice u/s. 396 of the Punjab Municipal Corporation Act, was required to be served upon the defendant before filing the present suit, if so its effect? OPD