NEW DELHI MUNICIPAL COUNCIL Vs. GOVERDHAN DASS SHARMA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Senior Civil Judge, Delhi in RCA No. 13/1994, which appeal arose out of the judgment and decree dated 12th January, 1994, passed by the Sub Judge in Suit No. 367/1993, whereby the Sub Judge had dismissed the suit of the plaintiff. The Appellate Court reversed the judgment and decree passed by the Sub Judge vide its judgment dated 30th September, 1998, on the ground that the trial court did not consider the fact that a registered notice, Exhibit PW 1/5, was issued by the counsel for the plaintiff regarding toll tax receipt No. 2743 and that the postal receipt is Exhibit PW 1/6 and the AD Card is Exhibit PW 1/7, The trial court also did not consider the reply from the Executive Officer, Kanya Kumari, Mark D-5, which is the verification of the toll tax receipt No. 2743 to bus No. DEP 2803 dated 28th June, 1982.

(2.) The substantial question of law framed in this case vide order dated 23rd August, 1999, was :

(3.) The brief facts of the case as noted by the the Sub Judge are as follows :