NITESH S/O SURESH JAIN Vs. JALGAON CITY MUNICIPAL CORPORATION, JALGAON, THROUGH COMMISSIONER, MUNICIPAL CORPORATION, JALGAON

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for hearing forthwith with the consent of both the parties.

(2.) The petitioner, who is original plaintiff, is challenging the order below Exhibits 28, 29 and 30 passed in Special Civil Suit No. 73 of 2014 by 5th Joint Civil Judge (Senior Division), Jalgaon, on 19th August 2017.

(3.) The factual matrix are that the plaintiff has filed the suit for recovery of amount of Rs. 19,59,200/ along with interest of Rs. 58,776/ against the respondent Municipal Corporation. Prior to the suit, a legal notice was issued by the plaintiff to the respondent on 11.04.2014 which has been replied by the respondent Corporation on 08.05.2014. In the said reply, in fact, the Corporation has admitted its liability to pay but stated that the Corporation is facing financial crunches and the amount will be paid after the funds are made available. Thereafter, the suit came to be filed. After the suit summons was served on the Corporation, it appeared through Advocate and took adjournments for filing written statement. When it was not filed, the matter was kept for hearing without written statement. After filing of affidavit in chief of the plaintiff, the respondent did not participate in the proceedings and, therefore, the matter was posted for pronouncement of judgment.