BINDWASINI DEVI Vs. NAGAR PALIKA, BHIND

JUDGEMENT

(1.) This is an application in revision against the order dated the 15th of November, 1961 passed by the Civil Judge 2nd Class, Bhind in Civil Suit No. 80 of 61 rejecting the present Petitioner's applications dated 4-9-1961 and 27-10-1961 for adding certain persons as Defendants in the suit.

(2.) A suit was filed on 29-12-1960 by the present Petitioner against the Municipal Committee, Bhind claiming damages in the sum of Rs. 2300/-. It was alleged in, the plaint that one Gangram Panjabi constructed, a house, with a flush-latrine with the permission of the Municipal Committee Bhind. In order to connect the flush latrine with the sewer line a 'galli' adjoining the Plaintiff's house was dug up. The Plaintiff alleged that it was the duty of, the Municipality to fill up the dug up, portions, of the 'galli' properly, but that the Municipality did not do so, as a result of which when the rains fell the loose soil gave way causing damage to the Plaintiff's house.

(3.) The Municipality pleaded in its written-statement that permission to construct a flush latrine is not granted by the Municipal, Board, but by the Executive Engineer Public Health Department Gwalior and that the Municipality was not liable for the digging done in the 'galli' by the said department or its plumber. It was also pleaded that the Municipality had no intimation of the 'galli' being dug up and that the liability for the damage, if any, caused by the said act did not rest on the Municipality.