Modi, J.—This revision raises an interesting question of law relating to the interpretation of sec. 197 of the Code of Criminal Procedure.

2. The material facts are briefly these. The petitioner Shrilal is a resident within the town municipality of Sikar. Opposite party No. 1 Manmath Kumar Misra is the Chairman of the Municipal Board, Sikar. Opposite party No. 2 Shanti Swaroop Goyal was its executive officer at the material time. A dispute arose between the petitioner and the municipal board over the erection of a wall to which the municipal board objected, but, which according to the petitioner he had erected on his own land. On the 18th March, 1957, the board gave a notice to the petitioner to dismantle the wall. The petitioner did not comply with this order. Thereupon the board ordered the demolition of the wall (obviously by its own men) on the 9th April, 1957. In the meantime the petitioner had instituted a suit in the court of the Munsiff Sikar and obtained an interim order of injunction against the board restraining it from demolishing the wall. The petitioners case is that this order was served on the Chairman, Manmath Kumar Misra, opposite party No. 1 at 11 a.m. on the 10th

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