GRAM PANCHAYAT VILLAGE RAMGARH Vs. HAKAM SINGH

JUDGEMENT

(1.) Petitioner-Gram Panchayat has preferred this revision petition for setting aside the order dated 15.04.2015 passed by Additional District Judge, Patiala vide which order dated 30.05.2014 passed by Civil Judge Junior Division, Nabha, dismissing the application under Order 9 Rule 13 CPC was upheld.

(2.) Respondent Hakam Singh filed a suit against the petitioner/Gram Panchayat seeking recovery of a specified amount. It was alleged that he remained Sarpanch on the post till June 1998 and during his tenure, he spent Rs.60,460.05/- paise towards development work of the village from his own pocket. At that time, funds were not available and as soon as the same will be made available, the Panchayat will pay the same. Panchayat did not pay the amount to the then Sarpanch and the suit came to be filed.

(3.) Gram Panchayat appeared and contested the suit. Gram Pancyat engaged Mr. Harminder Singh, Advocate in the year 2005. Fresh elections were held in the year 2008 and new Sarpanch came to be elected. After expiry of the term of Panchayat, when new Panchayat came into being, the Advocate representing the Panchayat on account of earlier authorization sought adjournment to have fresh instructions from the Gram Panchayat on 07.01.2009. Learned counsel for the Gram Panchayat made a request to the Court that the Gram Panchayat has been changed and he wanted to take instructions from the Gram Panchayat. At that stage, plaintiff's witness was present in the Court for cross examination. The request was allowed. The plaintiff's witness was bound down for 20.02.2009. On 20.02.2009, learned counsel for the Gram Panchayat pleaded no instructions by recording his statement. On 20.02.2009, following order was passed:-