1. Appellants suit for recovery of Rs. 550000/- as damages suffered dismissal vide judgment and decree dated 12th Oct. 2009, on the sole ground that the appellant has not served the valid notice on respondents as envisaged under section 57 of the Municipal Act. The other issues however, have not decided by the ld trial court. 2. The appellant has challenged the judgment and decree on the ground that the issue has been wrongly decided by the ld trial court. 3. The issue No.3 framed in the suit is taken note of;- "Whether the suit is not maintainable in absence of notice under section 57 of the Municipal Act? OPDs. 4. The onus of proving the issue was on defendants-respondents. The impugned judgment and decree would reveal that the ld trial court has literally shifted the burden on the plaintiff-appellant to prove this issue. It was the duty of defendants-respondents to prove that the suit was not maintainable in absence of notice u/s 57 of Municipal Act. The perusal of the judgment would reveal that the onus of proving the Issue has not been discharged by the defendants-respondents. The issue in these circumstances could not have been decided against the plaintiff-appellant and in favour of the defendants-respondents. 5. For the above stated reasons, the impugned judgment and decreed is set aside and matter is remanded to ld trial court with the direction that the Issue No.3 along with other Issues shall be decided afresh. It is further provided that in order to enable the parties to prove or disprove the Issue, they shall be afforded opportunity of leading evidence as well. Record be send back. 6. Disposed of.