MUNICIPAL CORPN., ALLAHABAD Vs. HARSH TANDON

JUDGEMENT

(1.) HEARD .

(2.) LEAVE granted.

(3.) IT would have been appropriate for the High Court to leave the question of maintainability of the appeal to be decided by the Small Cause Court. It shall be open to the respondents to bring to the notice of the Small Cause Court concerned that the appeal filed is maintainable/entertainable in terms of the gov ¬erning statute. We, therefore, allow this appeal. The impugned orders are set aside. Appeal allowed.