DHARMADAS CHATTERJEE Vs. SAMBHUKALI BHATTACHARJEE

JUDGEMENT

(1.) The Plaintiffs Appellants were owners of several holdings within Wards Nos. II and IV of the Dainhat Municipality. They alleged that there was no conservancy arrangement for the area within which their said holdings were situated, but the Chairman and the Commissioners had refused to exempt the said holdings from the payment of conservancy rates and had issued demand notices. The Plaintiffs Appellants, accordingly, instituted two suits for permanent injunction to restrain the Defendants from realizing conservancy rates in respect of the Plaintiff's holdings in question.

(2.) The Chairman and the Commissioners who were impleaded by their names had contested the said suits. The learned Munsif, Second Court, Katwa, dismissed the two suits. The Plaintiffs preferred two appeals which were dismissed by the learned District Judge, Burdwan. Hence, these two second appeals at the instance of the Plaintiffs.

(3.) Section 15(2) of the Bengal Municipal Act, 1932, inter alia, provides that the Commissioners shall be a body corporate having perpetual succession and by that name shall sue and be sued. The learned Munsif has correctly pointed out that the two suits were defective in form because the suits were filed against the Chairman and the Commissioners in their individual names.