( 1 ) AHMEDABAD Municipal Corporation - appellant original plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 26th February, 1982, in Civil Suit No. 2680 of 1977 filed by the plaintiff. The learned Judge by his impugned judgment has held that the Union of India - the defendant is exempted from liability of incremental contribution under the provisions of the Bombay Town Planning Act, 1954 (hereinafter referred to as `the said Act ).

( 2 ) THE facts giving rise to this appeal are as under:- 2. 1 the Ahmedabad Municipal Corporation - plaintiff had filed a Civil Suit No. 2680 of 1977 before the City Civil Court, Ahmedabad, and prayed for a decree that defendant Union of India be directed to pay to the plaintiff a sum of Rs. 1,03,139. 25p. 00 with 6% interest from the date of the suit till the payment and costs. The said amount represents "incremental contribution" levied by the plaintiff under the provisions of the said Act. 2. 2 mr. P. G. Desai, learned counsel has referred to plaint and other documents in connection with Town Planning Scheme, Ahmedabad 15 and made following submissions on facts: 2. 2