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SREESH CHANDRA PANDEY
MUNICIPAL CORPORATION MURWARA-KATNI, KATNI – Appellant
Versus
LALCHAND JAISWAL – Respondent


Advocates Appeared:
V.S. Shroti, for the Appellant; V.S. Dabir with Yogesh Dhande, for the Respondent

ORDER

S.C. Pandey, J.

This is a revision against the order dated 17-4-1999 passed in Civil Suit No. 15-A/99 decided by 1st Additional District Judge, Katni.

Learned Counsel for the applicant has made a statement before me that he has filed the certified copy of the order dated 17-4-1999 on 5-7-1999. It be attached with the revision at appropriate place. The filing of certified copy is within the period of limitation and, therefore, the question of limitation does not arise and this revision is being decided finally after accepting the certified copy filed by the counsel for the applicant. The impugned order shows that one of the objections raised by the applicant was that they have not been served with one month's notice in accordance with the provisions of section 401(1) of the Municipal Corporation Act, 1956 (henceforth 'the Act') which is akin to section 80 of the old CPC as exists prior to amendment of the CPC by Act No. 104 of 1976. The objection is that the entire suit relates to exercise of power by the Municipal Corporation conferred upon it by the M.P. Foreign Liquor Rules, 1996 (henceforth 'the Rules of 1996'). It appears that the Municipal Corporation or the Municipal Commi







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