Judgement

Appeal (No. 68 of 1925) from a decree of the High Court (August 16, 1923) affirming a decree of the District Judge of Nasik (February 12, 1923).

The suit was brought on June 26, 1922, by the appellants and other plaintiffs against the Secretary of State for India in Council, and the Collector and District Magistrate of Nasik. The plaintiffs claimed a declaration that a notification published by the Bombay Government on June 6. 1922, under the Bombay District Police Act, 1890, was invalid, and an injunction restraining the defendants from recovering from the plaintiffs tinder the notification.

The facts are stated in the judgment of the Judicial Committee, and the material sections of the above Act are fully set out in the report of the proceedings in the High Court at I. L. R. 48 B. 87.

The District Judge dismissed the suit for non-compliance with the provisions of s. 80 of the Code of Civil Procedure; he was also of opinion that the notification in question was not invalid.

An appeal to the High Court was dismissed.

Shah A.C.J. was of opinion that s. 80 of the Code of Civil Procedure, 1908, did not apply, as the suit was for an injunction; also that neither s. 81 of the