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The Ahmedabad Municipality Vs. Sulemanji Ismalji - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1904)ILR27Bom403
AppellantThe Ahmedabad Municipality
RespondentSulemanji Ismalji
Excerpt:
municipality - bombay district municipality act amendment act (bom. act ii of 1884), section 30 (t)--executory--contract--breach--binding character--suit for damages. - l.h. jenkins, k.c.i.e. c.j.1. we affirm the decree of the lower appellate court on the ground that as this suit is brought by the municipality for breach of an executory contract, it is open to the defendant to show that it is not binding on him inasmuch as it is not binding on the plaintiff. it is not binding on the plaintiff because the formalities prescribed by section 30 of the bombay district municipal act amendment act, 1884, have not been complied with. the appellant must pay the costs of this appeal.
Judgment:

L.H. Jenkins, K.C.I.E. C.J.

1. We affirm the decree of the lower Appellate Court on the ground that as this suit is brought by the Municipality for breach of an executory contract, it is open to the defendant to show that it is not binding on him inasmuch as it is not binding on the plaintiff. It is not binding on the plaintiff because the formalities prescribed by Section 30 of the Bombay District Municipal Act Amendment Act, 1884, have not been complied with. The appellant must pay the costs of this appeal.


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