Mangrol vs Bai on 14 July, 2008

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SA/84/2008	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SECOND
APPEAL No. 84 of 2008
 

 
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MANGROL
MUNICIPALITY - Appellant(s)
 

Versus
 

BAI
HIRUBEN MITHABHAI GHODEDRA & 2 - Defendant(s)
 

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Appearance
: 
MR
ASHISH M DAGLI for
Appellant(s) : 1, 
MR VIMAL M PATEL for Defendant(s) : 1, 
MR
HEMANT MAKWANA, AGP for Defendant Nos.2-3.
 

NOTICE
SERVED for Defendant(s) : 2 -
3. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

Date
: 14/07/2008 

 

ORAL
ORDER

ADMIT.

The
following substantial questions of law arise for consideration:

1. Whether
the suit based upon the torte is filed and whether the provisions of
article 73 of the Limitation Act would be applicable or article 113
of the Act.

2. Whether
the appellate Court has committed serious error of law, as at the
time of incident the place of incident was not within the control and
within the limits of Nagar Palika, and can Nagar Palika be held
liable for any act or incident which took place outside the limit of
municipality.

(K.S.Jhaveri,
J.)

/malek

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