RAJA BAHADUR SHRI CHANDRASES Vs. DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree dated 19 -10 -1968 passed by the District Judge, Bhilwara by which the suit of the plaintiff was dismissed.

(2.) THE facts were these. A certificate of demand for Rs. 500/ - was issued under the Public Demands Recovery Act for the recovery of Rs. 500/ - against the father of the appellant. Rs. 500/ - were recovered from the appellant. The appellant therefore, filed a suit for the recovery of Rs. 500/ - against the respondent on the ground that to amount of royalty was due against his deceased father Amar Singh as stones and other material were quarried for the construction of a School and a hospital. No notice was given to the plaintiff in respect of the aforesaid proceedings of the recovery. The learned District Judge held that the suit of the plaintiff was not maintainable without a prayer for cancellation or modification of the certificate under Section 20 of the Rajasthan Public Demands Recovery Act, 1952 (here -in after referred to as the Act). In this view of the matter the suit of the plaintiff was dismissed.