Raj Kumar and ors. Vs. State of U.P. and ors.

Raj Kumar and ors. vs State of U.P. and ors.

Disposition Writ petition dismissed Court Allahabad Decided Apr 22, 2004

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Citation: sooperkanoon.com/475042
Court: Allahabad High Court
Judge: Anjani Kumar, J.
Decided On: Apr 22, 2004
Case Number: C.M.W.P. No. 16279 of 2004
Subject: Civil
Disposition: Writ petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil
Outcome / disposition: Writ petition dismissed
Acts & sections: Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Parties & Advocates

Appellant / Petitioner

Raj Kumar and ors.

Advocate S.S. Maurya, Adv.

Respondent

State of U.P. and ors.

Advocate Anuj Kumar, Addl. S.C. and S.C.

Legal References

Acts: Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11
Reported In: 2004(3)AWC2515; [2004(102)FLR559]

Excerpt

- orderanjani kumar, j.1. heard learned counsel for the petitioner.2. the petitioner, aggrieved by an order passed by the trial court rejecting his application 71ga and objection 77ga.3. the petitioner raised an objection that the suit filed on behalf of gaon sabha cannot be filed through a private counsel who is not a penal lawyer and thus there is violation of para 103 of the gram samaj manual. the trial court accepted the plea and rejected the plaint under order vii. rule 11. aggrieved thereby the plaintiff preferred an appeal before the lower appellate court. the lower appellate court reversed the order passed by the trial court and held that the suit is maintainable. aggrieved thereby the petitioner approached this court by means of this writ petition.4. learned counsel for the petitioner could not demonstrate that the provision of para 103 of gram samaj manual is mandatory. in the absence of any such provision or any law the provision regarding procedure is always held to be directory unless specially made mandatory. it having not done the argument of the learned counsel for the petitioner cannot be accepted.5. the writ petition is dismissed.

Full Judgment

ORDER

Anjani Kumar, J.

1. Heard learned counsel for the petitioner.

2. The petitioner, aggrieved by an order passed by the trial court rejecting his application 71Ga and objection 77Ga.

3. The petitioner raised an objection that the suit filed on behalf of Gaon Sabha cannot be filed through a private counsel who is not a penal lawyer and thus there is violation of Para 103 of the Gram Samaj Manual. The trial court accepted the plea and rejected the plaint under Order VII. Rule 11. Aggrieved thereby the plaintiff preferred an appeal before the lower appellate court. The lower appellate court reversed the order passed by the trial court and held that the suit is maintainable. Aggrieved thereby the petitioner approached this Court by means of this writ petition.

4. Learned counsel for the petitioner could not demonstrate that the provision of Para 103 of Gram Samaj Manual is mandatory. In the absence of any such provision or any law the provision regarding procedure is always held to be directory unless specially made mandatory. It having not done the argument of the learned counsel for the petitioner cannot be accepted.

5. The writ petition is dismissed.

Same Court & Year Allahabad · 2004 Same Parties Raj Kumar and ors. vs State of U.P. and ors. Same Subject Civil Same Judge Anjani Kumar, J. Acts & Sections Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Civil