GOWARDHANDAS RATHI Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This appeal is by the plaintiff. It is directed against a decree of the learned trial Judge, dismissing the plaintiff's suit on a preliminary issue. That issue was in these terms: "Where notices under Section 586 of the Calcutta Municipal Act and under Section 80 Civil Procedure Code necessary before filing this suit ? If so, should the suit fail for want of the said notice ?" This issue was answered by the learned trial Judge in the affirmative in both its parts, that is, against the plaintiff and, as a result thereof, the plaintiffs suit was dismissed.

(2.) Another issue was also discussed and decided by the learned trial Judge, namely, the issue of limitation, which was in the following terms: "Is the suit barred by limitation ?" The issue, however, was found in favour of the plaintiff but, as, on the other issue, the suit had to be dismissed according to the learned trial Judge, his ultimate decree was a decree of dismissal. Against this decree, the present appeal has been filed by the plaintiff.

(3.) The point before us arises in the following manner: