Appeal by special leave from the Judgment and Order dated 7th October, 1968 of the Allahabad High Court in S.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The brick kiln owners who were affected, along with their Association, filed a suit for a declaration that the tax was void and number exigible.
P. Maheshwari and Suresh Sethi for the Respondents.
The Judgment of the Court was delivered by KRISHNA IYER, J. A crudely drafted plaint, with little legal light to make out a good cause of action, somehow resulted in a decree as prayed for at the trial stage and in appeal.
N. Sharma and C. P. Lal for the Appellant.
2446 of 1969.
The levy was on brick manufacturers carrying on that trade, at the rate of 14 annas per 1000 bricks.
Naturally, the appellant Mahapalika has companye to this Court by special leave under Art.
2001/64.
But the defendant who is the appellant before us, the Mahapalika of the City of Agra, pursued the matter in Second Appeal where, regardless of the scope of the suit or the precise ground alleged in the plaint, an adverse judgment was rendered affecting the municipality in a general way.
