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NARAIN DUTT versus MUNICIPAL COUNCIL, ABOHAR

High Court of Punjab and Haryana, Chandigarh

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Narain Dutt v. Municipal Council, Abohar - RSA-1559-2006 [2006] RD-P&H 2786 (2 May 2006)

R.S.A. No.1559 of 2006 - 1 -

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

*****

R.S.A. No.1559 of 2006

Date of decision: May 05, 2006.

Narain Dutt

...Appellant

v.

Municipal Council, Abohar

...Respondent(s)

Present: Shri S.C. Khunger, Advocate for the appellant.

Surya Kant, J. (Oral)

This regular second appeal has been preferred by the plaintiff whose suit has been dismissed by the courts below on the ground that civil court has no jurisdiction in a matter pertaining to the recovery of house tax.

The view formed by the courts below warrants no interference. It is obvious that the appellant shall be at liberty to approach the authorities under the Punjab Municipal Act, 1911, who shall be obligated to consider and dispose of his objections/appeal etc. in accordance with law.

At this stage, Learned Counsel for the appellant submits that since the limitation to approach the statutory authorities has expired during the period the appellant was pursuing his civil suit/appeal before the courts below, he apprehends that his objection petition/appeal will not be entertained on merits.

In view of the fact that the appellant has been bona fidely R.S.A. No.1559 of 2006 - 2 -

pursuing his remedy, firstly, before the trial court and thereafter before the first appellate court, the appellant will be at liberty to move an application for condonation of delay and such an application shall be considered by the authorities under the Act sympathetically and keeping in view the period spent by the appellant in pursuing the civil suit/appeal before the courts below. Needless to say, the endeavour of the authorities shall be to decide the appellant's claim on merits instead of closing the doors for him on a technical ground, like limitation.

With these observations, the appeal is disposed of.

May 05, 2006. [ Surya Kant ]

kadyan Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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