MUNICIPAL COUNCIL NARNAUL Vs. SURENDER KUMAR

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the defendant appellant (Municipal. Council), against the judgments and decree of the Courts below whereby the suit filed by the plaintiffs was decreed by the trial Court and the appeal filed by the defendants was dismissed by the learned District Judge, holding the same to be incompetent.

(2.) The plaintiffs had filed a suit for permanent injunction against the Municipal Council, Narnaul and the Secretary, Municipal Council. After hearing both sides the learned trial Court decreed the suit of the plaintiffs vide judgment and decree dated 6-9-2000. Aggrieved against the same, an appeal was filed on behalf of the defendants namely Municipal Council, Narnaul and Secretary, Municipal Council, Narnaul before the District Judge, Narnaul. Since the said appeal was filed by the Executive Officer without being authorised to file the appeal by the Municipal Council by passing a resolution, it was found by the learned District Judge that the appeal was not competent. Accordingly, without considering the appeal on merits, the appeal was dismissed, vide judgment and decree dated 8-11-2002. Aggrieved against the same Municipal Council, Narnaul (one of the defendants) filed the present appeal in this Court. Notice of motion was Issued.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.