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1976 Supreme(Bom) 27

MASODKAR
Municipal Council Amravati – Appellant
Versus
Govind Vishnu Sarnaik – Respondent


Advocates:
J.N. Chandurkar, for Applicant.

ORDER:- An interesting point with regard to the procedure required to be followed by Court while permitting representation to others under Order 1, Rule 8, of the Code of Civil Procedure, has been raised by the present revision.

2. Few facts need be stated to appreciate the submissions of the learned counsel. The opponents purported to institute a suit on July 30, 1971 claiming relief of permanent injunction against the applicant Municipal Council restraining it from imposing, assessing or levying scavanging tax, general water tax and light tax for the year 1970-71 and the consolidated property tax for 1971-72 on the basis of tentative assessment lists of 1969-70 and 1971-72 respectively, and also for costs. In the body of the plaint, plaintiffs purported to aver that they along with rest of the tax payers own houses within the limits of the Municipal Council in Old Camp Area and that the defendant-Council is imposing taxes for the years 1970-71 and 1971-72. Plaintiffs sought to challenge the taxation on the grounds inter alia stated in paragraph 2 of the plaint. Along with this plaint, as per Exh. 4, these plaintiffs who are three in number, purported to file application under Orde















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