MUNICIPAL CORPORATION AHMEDABAD Vs. PREMCHAND MAHASUKHRAM

JUDGEMENT

(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.

(2.) The common point of law which arises in both the appeals is whether the original suits filed by the aforesaid plaintiffs were maintainable at law. The learned 3rd Joint Civil Judge ( Senior Division) Ahmedabad who decided both the suits held that the suits were not maintainable and dismissed them on that ground The learned District Judge Ahmedabad held that the suits were maintainable and therefore he reversed the decrees of the learned trial Judge and remanded the suits under Order 41 rule 23 Civil Procedure Code. It is against these orders of remand that the present two appeals are directed.

(3.) In order to appreciate the point raised for decision it is necessary to summarize the plaints. It is necessary to do so because as we shall presently show in the ultimate analysis the question about the maintainability of the suits can only be answered on the basis of the contents of the plaints. The suit have been dismissed in limine. Therefore the Court must necessarily proceed on the assumption that the contents of the plaints are true.