The appellant also raised an objection about the maintainability of the Suit.
We, however, refrained ourselves from dismissing the appeal in default and instead perused the record with the assistance of Mr. A.K. Singla, learned senior companynsel for the respondent with a view to decide the appeal on merits.
We herein set out the facts, in brief, to appreciate the issued involved in this appeal.
530 of 2004 by which the High Court dismissed the regular second appeal filed by the appellant herein in limine against the judgment and decree dated 22.10.2003 passed by the Additional District Judge, Faridabad in C.A. No.
The appellant is a Municipal Corporation, Faridabad as defined under the Haryana Municipal Act, 1973 hereinafter referred to as the Act .
It is against this judgment, the appellant defendant has filed this appeal by way of special leave petition before this Court.
The learned Single Judge while dismissing the appeal passed the following order This Regular Second Appeal has been filed by the defendant against the judgment and decree dated 22.10.2003, passed by the Additional District Judge, whereby the appeal filed by the plaintiff was accepted, the judgment and decree passed by the trial Court were set aside and the suit of the plaintiff was decreed.
By order dated 22.10.2003, the Additional District Judge allowed the appeal, set aside the judgment and decree of the Trial Court and decreed the respondents suit against the appellant.
The appellant filed written statement and defended the aforementioned demands on various grounds.
The Trial Court framed issues.
166 of 2002 before the Additional District Judge, Faridabad.
Felt aggrieved, the appellant defendant filed second appeal before the High Court wherein the appellant had proposed several substantial questions of law arising in the case.
The respondent is subjected to payment of various taxes including House Tax under the Act on the properties owned by them at Faridabad.
1483 of 1995, the Trial Court dismissed the Suit.
Parties adduced evidence.
Felt aggrieved, the respondent filed appeal being Civil Appeal No.
The appellant also sought a declaration that a demand numberice dated 20.11.1993 raised by the appellant calling upon the respondent to pay Rs.48,599.40 towards the House Tax on their properties is illegal.
The respondent filed a civil suit seeking permanent injunction against the appellant restraining them from recovering the House Tax for the years 1991 92, 1992 93 and 1993 94 from the respondent on their properties.
Vide judgment and decree dated 20.09.2002 in Case No.
Abhay Manohar Sapre, J. This appeal is filed by the appellant defendant against the final judgment and order dated 16.02.2004 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No.
The respondent is a Limited Company having their place of business in Faridabad.
166 of 2002 whereby the appeal filed by the respondent plaintiff was allowed, the judgment and decree passed by the Trial Court was set aside and the suit of the respondent was decreed.
