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MUNICIPAL CORPORATION MURWARA V/S LAL CHAND JAISWAL 

VI BHA - 2000[2] 184

Service of notice under section 401 of the act to the Corporation would be mandatory and no suit could be filed against the Corp. without serving any notice under section 401 [1] .  There is no provision in the act that in case of emergency and where an injunction is sought , a suit could be filed without serving the notice .  No relaxation has been given for a suit instituted under section 38 of specific relief act . In this connection it may be pointed out that under section 319 of the M. P. municipality act, there is a specific provision in subsection[3] which implies that notice under section 319 can be dispensed with in a case of injunction under section 54 specific relief act which is  section 38 of the new act

Therefore the Court has no option but to hold that the suit even for injunction is not maintainable without a notice under section 401 [1] and the paint is liable to be rejected without complying the  section 401 [1]

NAMMO DEVANGAN V/S SEETARAM  1999(2)  VIBHA  207

If the order is passed rejecting the plaint under order 7 rule 11, it is a decree and a decree should be drawn up in which is appealable under section 96 of CPC

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Last modified: April 19, 2001