PHOOL SINGH Vs. JETHU SINGH ETC

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree dated 16. 5. 1979 passed by the Civil Judge, Churu.

(2.) THE learned counsel for the appellant Shri Kewalchand has raised only one question of law before me, namely, whether the period of notice which is required to be given under the provisions of section 79 (2) (b) of the Rajasthan Panchayat Act, 1953 has to be excluded for the purpose of computation of the period of limitation for filing the suit. THE provision of section 79 (2) (b) reads as under :- 79. Suits etc. against Panchayat- (l) No suit prosecution or other legal proceedings shall be maintainable against any Panchayat or (Nyaya-up-samiti) or against any Sarpanch, Panch (Chairman, Member) officer or servant thereof or against any person acting under the direction of any such Panchayat (nyaya up-samiti), Sarpanch, Panch (Chairman member) officer or servant in respect of anything lawfully and in good faith done under this Act or any rule or bye-law made thereunder. (2) No suit against a Panchayat or a nyaya - up-Samiti or against a Sarpanch, Panch (Chairman, Member) officer or servant thereof or against any person acting under the direction of such Panchayat (nyaya up-samiti) Sarpanch, Panch (Chairman-Member) officer or servant for anything done or purporting to be done under this Act in its or his official capacity, - (a) shall be instituted until the expiration of two months next after notice in writing stating the cause of action the name and the place of abode of the intending plaintiff and the nature of the relief which he claims, has been in the case of a Panchayat, or (nyaya up-samiti) delivered or left at its office and in the case of a Sarpanch, Panch (Chairman-member) officer, servant or person as aforesaid delivered to him or left at his office or usual place of abode and the plaint in such case shall contain a statement that such notice has been so delivered or left; or (b) shall be commenced otherwise than within six months next after the accrual of the alleged cause of action. "