Question

municipality took the case to the district Court as it was dissatisfied with the decision given by the lower court right or wrong​

Answer 1

Answer:

The Municipal Corporation Of The ... vs Premchand Mahasukhram, Deceased ... on 29 April, 1964

Equivalent citations: (1964) 5 GLR 847

Author: N Miabhoy

Bench: N Miabhoy, J Mehta

JUDGMENT N.M. Miabhoy, J.

1. These two appeals arise from a common order passed on 11th of April 1960 by the learned District Judge Ahmedabad in Civil Appeals Nos. 370 of 1958 and 371 of 1958 by which he allowed the appeals with costs set aside the decrees of the trial Court in Civil Suits Nos. 529 of 1956 and 273 of 1957 and remanded the suits for hearing and deciding them on merits. The appellant in both the High Court appeals is the Municipal Corporation of the City of Ahmedabad the original defendant (hereinafter called Corporation). In appeal No. 77 of 1960 the respondents are the heirs of one Premchand Mahasukhram the original plaintiff in Civil Suit No. 273 of 1957 (hereinafter called plaintiff Premchand). In appeal No. 78 of 1960 the respondent is the Rustom Jehangir Vakil Mills Company Limited the original plaintiff in Civil Suit No. 529 of 1956 (hereinafter called the Mills) A common point of law arose in both the District Court appeals. Therefore the learned District Judge disposed off both those appeals by a common judgment. The same common law point arises also for determination in the present two appeals. We deliver this common judgment which will dispose off both the High Court appeals.