M.M. Kumar, J. - (1.) THIS is a second appeal filed by the Defendants against the judgment of the learned District Judge, Patiala dated 12.5.1981 who has sustained the preliminary objection with regard to the competence of the Executive Officer of the Municipal Committee to file the appeal on the ground that the resolution authorising him to file the appeal was general in terms.
(2.) THE substantive question of law which arises for determination in this appeal is whether "An Executive Officer is competent to file an appeal before the District Judge on the basis of a resolution passed by the Municipal Committee which is general in terms or he could acquire competence only if the resolution is specific to the filing of that appeal alone?'. Respondents -Plaintiffs (for brevity the Plaintiffs) No. 1 and 2 filed a suit for permanent perpetual injunction seeking to restrain the Appellants -Defendants (hereinafter to be referred to as 'the Defendants') or their agents or servants from intervening in any manner in the ownership and possession of their agricultural land fully described in the head note of the plaint and also from alienating it by way of lease or otherwise. The suit of the Plaintiffs was decreed and permanent perpetual injunction was granted in terms of the prayer made by the Plaintiffs. The Defendants, who are Municipal Committee, Sirhind, through its Executive Officer and its officers filed written statement and contested the suit. It was claimed by the Defendants that they were owners because mutation has been sanctioned in their favour. Even possession of the Plaintiff was denied.
(3.) THE Defendants filed an appeal through its Executive Officer before the learned District Judge against the judgment and decree of the trial Court dated 24.12.1980. At the time of arguments of the appeal before the learned District Judge, the Plaintiffs raised an objection that the appeal was not competent as there was no resolution authorising the Executive Officer to file appeal. Therefore, he was not competent to file the appeal. The learned District Judge relying on a Division Bench judgment in the case of Bawa Bhagwan Dass v. Municipal Committee, Rupar : AIR 1943 Lah 318 dismissed the appeal. The plea of the Defendant that there was a resolution passed by the Municipal Committee. Sirhind authorising the Executive Officer to file the appeal or defend suits or appeals was rejected. A reference was made to resolution No. 6 dated 15.1.1980.;