MUNICIPAL CORPORATION vs SRI NIYAMATULLAII S/O MASITULLA

The Supreme Court held that the dismissal of the respondent by G, who acted in place of the Municipal Commissioner, was beyond jurisdiction as required by Section 13 of the Indore Municipal Act, 1909. The Court ruled that the provisions of Section 135(2) regarding limitation must be specifically pleaded, and since the Municipal Corporation did not raise this defense in the trial court, the District Judge's ruling was erroneous. The High Court's restoration of the trial court's decree declaring the dismissal illegal was upheld.