MUNICIPAL COUNCIL UDAIPUR Vs. KISHANLAL

JUDGEMENT

(1.) THIS is an appeal by the defendants against an order of the District Judge, Udaipur, remanding a suit under O. 41, r. 23 C. P. C.

(2.) THE plaintiffs are members of the Shahpura House Sharrafa Market Committee, Udaipur. THEy own a house known as Shahpura-ki-Haveli situated at Udaipur. A big heap of rubbish had collected in front of the Haveli on account of the negligence of the City Corporation Udaipur and they requested the latter to remove it. Ultimately a resolution was passed by the Corporation permitting the plaintiffs to remove the heap of rubbish and agreeing to pay Rs. 3000/- as remuneration for the work. In pursuance of this agreement the plaintiffs got the heap removed. THE present suit was brought to recover the amount of Rs. 3000/- from the Municipal Council Udaipur the successor of the City Corporation Udaipur. THE Municipal Council Udaipur and Shri Ismail Ali Bohra the then President of the City Corporation Udaipur at the time when the above resolution was passed were impleaded as defendants. THE suit was instituted on 10. 8. 1961 after the Rajasthan Municipalities Act 1959 had come into force. But no notice as contemplated under sec. 271 of the Act was served before bringing-it. THE suit was resisted inter alia on the ground that it was not maintainable as no notice was served. Sec. 271 runs as follows: - Suits against board or its officers - (1) No suit shall be instituted against a board, or against the chairman, vice-chairman, member, officer or servant of a board or against any person acting under the direction of any of them in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice thereof in writing has been, in the case of a board, left at its office and, in the case of the chairman, vice-chairman, member, officer, servant or person, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left. (2) No action such as is described in subsec. (i) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action. (3) Nothing in sub-sec. (i) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defueated by the giving of the notice or the postponement of the commencement of the suit or proceeding.