LAWS(P&H)-2018-12-126

GRAM PANCHAYAT Vs. GAJE SINGH

Decided On December 10, 2018
GRAM PANCHAYAT Appellant
V/S
GAJE SINGH Respondents

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 6/2/2018 passed by Additional Civil Judge (Senior Division) Hansi vide which the application filed by the petitioner/defendant No.1 for rejection of plaint was dismissed.

(2.) Ex Parte order under Sec. 7(1) of Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as " the Act") was passed against the plaintiff/ respondent No.1. Said order was challenged in the civil suit by alleging that the order of eviction was without notice to the plaintiff and was the result of evil design by Gram Panchayat in collusion with the then Minister. Para No.3 of the plaint reads as under:-

(3.) Learned counsel for the petitioner submits that plaintiff/respondent No.1 has remedy of appeal against the order dtd. 21/6/2007 passed by Assistant Collector Ist Grade, Hansi and the jurisdiction of the civil suit is barred in terms of Sec. 13 of the Act.