MAN MOHAN Vs. GRAM PANCHAYAT, JASNAGAR

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 3.2.2001 passed by the learned District Judge, Merta in Civil Appeal No. 11/1996 whereby the civil appeal filed by the respondent Gram Panchayat, Jasnagar was allowed and while setting aside the judgment and decree dated 29.10.1996 passed by the learned Additional Civil Judge (J.D.), Merta in Civil Suit No. 139/1996 the learned Appellate Court remanded the matter back to the Trial Court for providing an opportunity to the appellant to file written statement, to frame fresh issues and allow both the parties to lead evidence and then to decide the suit afresh.

(2.) None appears for the appellant.

(3.) Mr. Vikram Choudhary and Mr. Rajendra Choudhary, learned Counsel 'appearing for the respondents contended that the suit in question was filed against the Gram Panchayat, Jasnagar seeking relief of possession. The learned Counsel referred to Section 109 of the Rajasthan Panchayati Raj Act and urged that there is a mandatory requirement in the provision that a prior notice of clear 60 days has to be given to the Gram Panchayat before filing a suit against it. The requirement of 60 days notice can even not be over-ridden with the leave of the Court. Learned Counsel relied on the following decisions in support of this contention