I.B.MISHRA Vs. NAGAR PANCHAYAT SOHAGPUR

JUDGEMENT

(1.) This appeal is by the plaintiff which was admitted by a Bench of this Court on the following substantial question of law:--

(2.) The defendant Nos. 3, 4 and 5 denied the claim of the plaintiff. The defendant No. 6 in its written statement raised an objection with regard to maintainability of the suit on the ground that no notice under Section 319 of the M.P. Municipalities Act, 1961 (hereinafter referred to as "the Act") has been given to the defendant No. 6 before institution of the suit, therefore, the suit is not maintainable.

(3.) The Trial Court vide judgment and decree dated 16-5-2002, inter alia held that the plaintiff is entitled to a sum of Rs. 42,200/- on account of leave encashment. It was further held that the suit filed by the plaintiff is maintainable in the absence of notice under Section 319 of the Act. Accordingly, the suit filed by the plaintiff was partly decreed. The Lower Appellate Court, inter alia held that on 17-2-1997 the application preferred by the plaintiff was rejected by the defendant No. 6-Municipal Council. However, the plaintiff had not filed the suit within a period of eight months therefrom, but has filed the same on 9-9-1998, and therefore, the suit is barred by limitation. Accordingly, the claim of the plaintiff was dismissed.