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1975 Supreme(SC) 414

P.N.BHAGWATI, R.S.SARKARIA
Mangu Ram: Ram Pershad Gondamal Through Ram Pershad And Jaidayal – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


Advocates:
B.P.MAHESHVARI, C.L.SAHU, FRANK ANTHONY, K.C.DUA, Suresh Sethi

JUDGMENT

BHAGWATI , J.:— These are two special leave petitions which are being disposed of by us by judgment after hearing both sides. There is only one question of law which arises for determination and since it lies in a very narrow compass and is concluded against the petitioner by the language of the new statutory enactment in Sec. 29(2) of the Limitation Act, 1963, we thought that it would be a futile exercise to grant special leave and then hear the appeals and hence we decided to hear these two special leave petitions after issuing notice to the respondents so that the question of law arising for consideration can be finally determined by a pronouncement of this Court.

2. The petitioner in Special Leave Petition No. 918 of 1975, hereinafter referred to as Mangu Ram, was at all material times a partner in the firm of M/s. Ram Parshad Gondamal, which is the petitioner in Special Leave Petition No. 919 of 1975. The firm of M/s. Ram Parshad Gondamal owned a shop in Kharibaoli, Delhi where it sold inter alia Phool Gulab. On 8th August, 1969, the Food Inspector of the Municipal Corporation of Delhi purchased two samples of Phool Gulab from the shop of the firm of M/s. Ram Parshad G











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