C R SRINIVASA CHARIAR Vs. MUNCIPAL COUNCIL

JUDGEMENT

(1.) In dismissing the revision petition the learned judge, who heard the petition states that in course of repairs to the cart the number was obliterated.

(2.) If this had been so, we should have agreed with the learned judge that the plaintiff had failed to keep affixed to his cart within the meaning of Section 88 of Act IV of 1884 the registration number required by Section 85 of the Act.

(3.) But there is no evidence that the number had become obliterated. According to the facts as stated by the Advocate-General on behalf of the Municipality the plaintiff removed the portion of the axle on which the registration number had been painted from the damaged wheel and affixed it to the repaired axle. We are of opinion that when the registration number has been affixed in this manner the cart bears the registration number for the purposes of Section 85 and the registration number is kept affixed for the purposes of Section 88 unless such affixing is contrary to any bye-law of the Municipality, or a direction given by the Municipality under Section 85.