MUNICIPAL BOARD NIMBAHEDA Vs. SYAD ASHKALI

JUDGEMENT

(1.) THIS is a petition to revise the order of the District Judge of Pratapgath dated December 10, 1966.

(2.) IT will be sufficient to mention that the suit giving rise to the impugned order was instituted against the Municipal Board of Nimbahera on August 31, 1963. IT was not stated in the plaint that the plaintiffs had complied with the requirement of sec. 271 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959, hereinafter called the Act) in the matter of giving a written notice to the Board for the institution of the suit. The defendant Board filed its written statement on November 28, 1963. IT was not pleaded in that written statement that the plaintiffs had failed to comply with the requirement of the said sec. 271 and the case proceeded to trial. A petition was, however, filed by the Wakf Board of Rajasthan on April 9, 1966, praying that it may be impleaded as a plaintiff in the suit and expressing its willingness to join the trial at the stage already reached. The defendant Municipal Board stated that it had no objection to this being done and the Wakf Board was accordingly arrayed as a plaintiff by an order dated April 9, 1966. A direction was, all the same, given that the plaintiffs should make a formal amendment in the plaint adding the Wakf Board as one of the plaintiffs. An amended plaint was accordingly filed on April 23, 1966, and the amendment was formally allowed by the learned District Judge on May 19, 1966. The learned District Judge, however, took the precaution of asking the defendant Municipal Board to file a fresh written statement or to amend its earlier written statement if it so desired. But instead of availing of that opportunity, the Municipal Board re-iterated that it adhered to its earlier written statement dated November 28, 1963, adding, at the same time, that it did not want to make any addition to the pleas already taken. The case therefore proceeded further in the trial court. However, the Municipal Board made an application under O. 6, r. 17 C. P. C. on November 5, 1966, stating, inter alia, that it should be allowed to take two additional pleas in defence. Firstly, the Municipal Board wanted to take the plea that the plaintiffs had not made a mention in the plaint that they had given a notice to the defendant in accordance with the requirement of sec. 271 of the Act, and, secondly, that the Wakf Board which had newly been added as a plaintiff had not cared to give another notice under sec. 271 of the Act. The learned District Judge considered the petition, but rejected it by his impugned order dated December 10, 1966. This is how the present revision petition has been filed by the defendant.