ABHAY MANOHAR SAPRE, J. - (1.) This appeal is filed by the appellant(defendant) against the final judgment and order dated 16.02.2004 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 530 of 2004 by which the High Court dismissed the regular second appeal filed by the appellant herein in limine against the judgment and decree dated 22.10.2003 passed by the Additional District Judge, Faridabad in C.A. No. 166 of 2002 whereby the appeal filed by the respondent(plaintiff) was allowed, the judgment and decree passed by the Trial Court was set aside and the suit of the respondent was decreed.
(2.) We herein set out the facts, in brief, to appreciate the issued involved in this appeal.
(3.) The respondent is a Limited Company having their place of business in Faridabad. The appellant is a Municipal Corporation, Faridabad as defined under the Haryana Municipal Act, 1973 (hereinafter referred to as "the Act").;