JUDGMENT

I.B. Singh, M. - This is a revision against judgment and decree dated September 26, 1975 passed by learned Additional Commissioner, Agra Division, Agra, in appeal No. 34 of 1973-74, Etah maintaining the order dated November 9, 1973 passed by Additional S.D.O. district Etah dismissing the suit filed by the applicant under old Section 198(4) of Act I of 1951 on the ground that no cause of action was given for filing the suit under Section 198(4) of Act I of 1951 and was given for filing the suit under Section 229-B and thereby dismissing the suit.

2. I have heard the learned counsel for the parties and have perused the record.

3. It has been argued that cause of action is not required to be given in the notice under Section 80 C.P.C. and that by mentioning wrong section in the notice for filing the suit does not make the notice defective. Reliance has been placed on AIR 1960 Calcutta 673 and 1967 R.D. 164.

4. It has been argued in reply that the defect in the notice was regarding nature of the suit proposed to be filed and the courts below rightly held the notice to be defective mentioning suit to be filed under Section 226-B of Act I of 1951 while the actual suit was filed u