- (1.) This appeal on behalf of the appellant-municipality is directed against the decision decreeing the respondent's suit by both the courts below. The questions on which the suit was defended have been dealt with by the impugned judgment and we do not find any error there. The learned counsel for the appellant now attempts to challenge the maintainability of the suit itself and contends that the division bench decision of the High court in Municipal council of vizianagaram v. Shah Bibi Saheba was not correctly decided. This question was not pressed either in the trial court or before the High court. Having regard to the facts of the case, we do not consider it expedient to permit the appellant to raise this question now before us. Having chosen to defend the suit on a number of pleas on the basis of which the suit was fought out by the other side in the trial court and the High court, they cannot now be allowed to turn back and challenge the maintainability of the suit itself. The appeal is therefore dismissed but in the circumstances without costs.;