High CourtsDivision Bench

The Ahmedabad Municipality vs Sulemanji Ismalji

Bombay High Court · Decided on 16 July 1903 · Citation: (1904) ILR (Bom) 403

HON’BLE JUDGES
L.H. Jenkins, J · Jacob, J
ACTS & SECTIONS REFERRED
Bombay District Municipal (Amendmend) Act, 1884 — Section 30
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Judgment

2 paragraphs · 93 words

L.H. Jenkins, K.C.I.E. C.J.

1.

We affirm the decree of the lower Appellate Court on the ground that as this suit is brought by the Municipality for breach of an executory contract, it is open to the defendant to show that it is not binding on him inasmuch as it is not binding on the plaintiff. It is not binding on the plaintiff because the formalities prescribed by Section 30 of the Bombay District Municipal Act Amendment Act, 1884, have not been complied with. The appellant must pay the costs of this appeal.