Section 115 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
115. Notice under Section 80, Civil Procedure Code.
(1)A large number of notices under Section 80, C.P.C. are received in the cases of Gram Sabha, in which the State is party. After consulting the Panel lawyers or District Government Counsel, the Collector has to decide as to whether case, when filed, should be contested or not. The communication of the decision shall be given to the concerned Gram Sabha through the concerned Tahsildar as to which cases are to be contested by which it can be known that as to on which cases the Chairman has to contest.For this purpose, the Revenue Assistant will prepare a separate list of cases, which are to be contested and of those cases, which are not to be contested, every month Tahsilwise by the 3rd of the following month and this shall be sent to the Tahsildar concerned by the 5th day of the month. After that concerned Tahsildar shall send information to the Chairman of the Bhumi Prabandhak Samiti, so that on receiving summon and notice for instituting the case one should not have to rush to Penal lawyer of Tehsil or district headquarters unnecessarily.(2)At the district headquarter, Revenue Assistant with the assistance of office of District Land Reforms Officer shall maintain Misilband Register prescribed for Revenue Courts in respect of cases of Gram Sabha, who shall be the incharge of the related cases of Gram Sabha, but for this purpose he should have to seek the help from the office of District Land Reforms Officer. In the column purported for recording in brief the final orders, reference of the order of Collector for contesting the case or otherwise should be noted. On instituting the suit, a note should be recorded in the Remarks Column to that effect against the entry of notice obtained for instituting the suit together with number and date of the suit. At the time of making entry the serial number and date of the case should be described, file of the notice, on which final orders have been passed, may be kept till the expiration of the limitation period, so that they may be easily available on filing of the suit. On instituting the suit, just after the case is submitted the file of uncontesting case shall be sent after obtaining the final order of the Collector, and the file of contesting cases, as far as may be, shall be sent to defend the case to D.G.C. (i.e. Civil or Revenue) or Panel lawyer (Civil or Revenue). At the District headquarter, the Misilband Registers should be maintained in two parts. Each Register should be divided in three parts - in Part one matters relating to notice should be entered and in other part the matter relating to cases should be entered. That part, in which revenue matter is to be entered, on coming forward it should be divided in three parts (first) relating to U. P. Zamindari Abolition and Land Reforms Act, another for the cases relating to U. P. Land Revenue Act, and the third for the cases relating to U. P. Zamindari Abolition and Land Reforms Rules. Sufficient pages, i.e., three-fourth pages of Registers should be left to enter notices because their numbers are large in comparison with the suits filed. In the Remarks Column the cross entry should be done for the document of notice. After the case being decided, District Government Counsel or Panel lawyers shall return the following informations to the Revenue Assistant together with the file-(1)a brief note on the result of the suit,(2)the date, on which the date of filing appeal expires, and(3)advance amount drawn by D.G.C. or Penal lawyer, if any, date and related vouchers and the fees-bill with full accounts of expenses. [Vide G.O. No. 2725 (M)/ID, dated 6th August, 1960].
