LAWS(PVC)-1926-7-29

MANIBHAI GOVINDBHAI PATEL Vs. NADIAD CITY MUNICIPALITY

Decided On July 05, 1926
MANIBHAI GOVINDBHAI PATEL Appellant
V/S
NADIAD CITY MUNICIPALITY Respondents

JUDGEMENT

(1.) This appeal arises out of a suit filed by the plaintiffs as rate-payers within the Municipal limits of the Nadiad City Municipality for a declaration that the order made by the officer of Defendant No 2, dated December 17, 1921, for the maintenance of primary schools within the limits of the Nadiad Municipality out of the funds belonging to Defendant No. 1, i.e., the Nadiad Municipality, was illegal, and for a true and proper account of the moneys withdrawn under this order, and for a refund to the Municipality of the moneys so withdrawn from the Municipal funds. The defendants, the Nadiad City Municipality, and the Secretary of State for India in Council, filed a written statement in which various points were raised including the point of limitation and the contention that the order complained of by the plaintiffs was not ultra vires.

(2.) It is not necessary to refer in detail to the various points which were raised in the lower Court. But the trial Judge has decided the suit on the first issue as to limitation. It has been found that the plaintiffs suit is barred by limitation. Issue No. 6 in the lower Court, viz., whether the order passed by the commissioner, N.D., on December, 17, 1921, is illegal and ultra vires ?

(3.) was not decided. The result was that the plaintiffs suit was dismissed.