Suit against Zila Panchayat or Kshettra Panchayat or its Officers, etc

§257

Summary

257. (1) No suit shall be instituted against a 1[Zila Panchayat] or a 1[Kshettra Panchayat] or against a member, officer or servant of a 1[Zila Panchayat] or a 1[Kshettra Panchayat], in respect of an act done or purporting to have been done in its or his official capacity until the expiration of two months next after notice in writing has been, in the case of a 1[Zila Panchayat] or a 1[Kshettra Panchayat] left at its office, and, in the case of a member, officer or servant, delivered to him or left at his office or place of adobe, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plain till, and the plaint shall contain a statement that such notice has been delivered or left. (2) If the 1[Zila Panchayat] or a 1[Kshettra Panchayat] or the member, officer or servant has before action is commenced, tendered sufficient amends to the plaintiff the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereof, be commenced otherwise than within six months next after the accrual of the cause of action : Provided that nothing in sub-section (1) shall construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding.

257. (1) No suit shall be instituted against a 1[Zila Panchayat] or a 1[Kshettra Panchayat] or against a member, officer or servant of a 1[Zila Panchayat] or a 1[Kshettra Panchayat], in respect of an act done or purporting to have been done in its or his official capacity until the expiration of two months next after notice in writing has been, in the case of a 1[Zila Panchayat] or a 1[Kshettra Panchayat] left at its office, and, in the case of a member, officer or servant, delivered to him or left at his office or place of adobe, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plain till, and the plaint shall contain a statement that such notice has been delivered or left. (2) If the 1[Zila Panchayat] or a 1[Kshettra Panchayat] or the member, officer or servant has before action is commenced, tendered sufficient amends to the plaintiff the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereof, be commenced otherwise than within six months next after the accrual of the cause of action : Provided that nothing in sub-section (1) shall construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding.

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