PARAGANAS ZILLA PARISHAD Vs. MERCANTILE ENGINEERING CO

JUDGEMENT

(1.) This is a petition under Section 115 of the Code of Civil Procedure against the judgment and decree passed by the court of appeal below in a suit for money where no appeal lies.

(2.) The defendant is the appellant. The plaintiff repaired certain boilers and tendered a bill on 5th July 1957. On 7th August 1958 notice under Section 80 of the Code of Civil Procedure was served. On 10th June 1961 the suit was filed.

(3.) The first point is that no notice under Section 146 of the Bengal Local Self-Government Act was served and so the suit is not maintainable. But Section 146 refers to a suit which relates to "any act done by a person under the authority of the Bengal Local Self-Government Act." But if a District Engineer sends his road roller for repair that is not something which is done under this Act. In the ordinary course of his duty he sends it for repairs and not because the authority under the Local Self-Government Act directs him to send the same for repair, There is no provision in the Act itself as far as I am aware which authorises the district engineer to send it for repair. We cannot say that this act of sending the road roller for repair was an act contemplated under the provisions of this statute. Hence, the first objection is overruled.