- (1.) IN order to appreciate the true nature and import of the question of law raised in this case, it is necessary to state the relevant facts.
(2.) SIX persons: Gobind Ram, Babu Sumer Chand, Gajinder Parshad, Miri Mal, prakash Chand and Raghunath Das brought the present suit under the provisions of Order 1, Rule 8, Civil Procedure Code, for perpetual injunction restraining the notified Area Committee, Buria, from imposing and levying house-tax on the plaintiffs and other inhabitants of Buria Town in the District of Ambala. On an application made to the trial Court the aforesaid six persons were allowed to represent the inhabitants of the whole town. In their plaint they alleged that the imposition of the house-tax by the Notified Area Committee, Buria was illegal, ultra vires and arbitrary, and prayed for a permanent injunction restraining the committee from imposing and realising the said; house-tax. The suit was contested by the Committee who pleaded that they had the right to levy the tax in question and that the imposition and levy thereof was in no way illegal or ultra vires. On 28-5-1952 the trial Court decreed the plaintiffs' suit leaving the parties to bear their own costs. In appeal the said decree was confirmed by the learned Senior Subordinate Judge, Ambala, on 30-10-1952, and the defendant Committee has now come up in second appeal to this Court.
(3.) IT appears that in the certified copy o the judgment or the Lower Appellate court supplied to the Committee, the name of Prakash Chand plaintiff was not mentioned in the array of parties and presumably on account of the said mistake the name of Prakash Chand was not mentioned as party in the memo of appeal filed in this Court.;