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Bombay High Court
The Ahmedabad Municipality vs Sulemanji Ismalji on 16 July, 1903
Equivalent citations: (1904) ILR 27 Bom 403
Author: K C Jenkins
Bench: L Jenkins, K C.J., Jacob


JUDGMENT

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.


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