FORAN SINGH Vs. KHEM SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE objection which has been taken by the defendant-petitioner is with regard to the want of proper statutory notice under the Rajasthan panchayati Raj Act, 1994 to the defendant-Gram panchayat, Belara Kalan.

(3.) IT is settled law that the objection with regard to the want of proper statutory notice can be raised by the party in whose favour the requirement under the statute has been made for the giving of notice prior to filing the suit. In this case the petitioner is not the panchayat and the Panchayat has not raised such an objection regarding the want of notice prior to the filing of the suit. In view of the fact that the objection which has been raised is by the private party like the petitioner, the same is not sustainable and the application under Order 7 Rule 11 C. P. C. is liable to be dismissed.