BHAIYALAL PANNALAL Vs. MUNICIPAL COMMITTEE, MURWARA

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff and is directed against the judgment and decree of the Court of First Additional District Judge, Jabalpur, dismissing his suit (No. 2 -B of 1952).

(2.) IT was not disputed that the works were within the scope of the committee's duties under Section 50, and also of its discretionary powers under Section 51, C.P. and Berar Municipalities Act, 1922, hereafter called the Act. It was, however, contended that the view of the lower Court that the suit was governed by Section 48 of the Act was erroneous and accordingly the dismissal of the suit as barred by the special limitation provided therein cannot be maintained.

(3.) THE result is that the appeal is allowed, the decree of the lower Court is set aside and the suit is remitted to it for trial in accordance with law. Costs of the appeal shall abide the result of the suit. A certificate for refund of the court -fees paid on the memo, of appeal shall be issued to the Appellant.