( 1 ) THIS is a defendant's First Appeal against the ex parte judgment and decree dated 26-3-1976 by Shri J. D. Shrivastava, Third Addl. District Judge, Gwalior.

( 2 ) THE plaintiff's case as set out in the plaint is that be was carrying on business in bangles of glass, lac and plastic in a wooden stall erected by him on public-land near Ram Mandir, Phalke Bazar, Lashkar. On 8-11-1971 some employees of the defendant, Municipal Corporation Gwalior (which will hereinafter be referred to as 'the Corporation'), came to his shop to demolish the stall. Thereupon the plaintiff filed a suit for perpetual injunction against the corporation in the Court of First Addl. Civil Judge, Gwalior, to get the corporation restrained as C. S. No. 346-A 1973. He also applied for issue of temporary injunction. But the application for temporary injunction was ultimately rejected on 25-1-1973. The plaintiff has alleged that on 30-1-1973, the employees of the corporation demolished his wooden stall as a result of which the stock of bangles lying in the shop was destroyed. The employees, it is alleged took away all the goods lying in the shop along with the wooden structure. The plaintiff, th