NAGARPALIKA RAJGARH Vs. PRABHU DAYAL

JUDGEMENT

(1.) THE respondent Prabhudayal filed the suit out of which this appeal arises for recovery of Rs. 2000/- on account of his salary for the period commencing from October 1959 to March 1963. THE suit was filed on 27-4-1963.

(2.) THE only point on which the suit was resisted was that since the suit had been filed after more than six months of the accrual of the cause of action, it was barred by limitation. In other words, a special period of limitation was pleaded as provided in Sec. 271 of the Rajasthan Municipalities Act, 1959, though the section as such was not mentioned in the written statement. THE trial court came to the conclusion that the suit for arrears of salary for the period of three years prior to the date of filing of the suit was within limitation and passed a decree for the same

(3.) THE question, then, is whether in the facts and circumstances narrated above, sec. 271 of the Act is attracted? In other words can it be said that withholding of the plaintiff's salary was an act done or purporting to have been done in the official capacity?