Statutory notice in question
jayesh
(Querist) 02 May 2015
This query is : Resolved
Section 173 of MHADA ACT 1976 state that two months statutory notice is mandatory before instituting suit against MHADA which is a statutory authority. copy of section attached herewith.
Plaintiff has filed suit against MHADA & its officials by giving notice under section 80 CPC. Suit has filed in person by the Plaintiff.
Plaintiff was not aware of provisions section 173 & in good faith issued notices under section 80 CPC to thje MHADA & its officials.
After issuing summons to MHADA & its officials, objection has been taken that statutory notice under section 173 of MHADA Act is not served & suit be dissmissed because provisions of section 173 of MHADA Act is mandatory in nature ?
Is it possible to save plaintiffs suit from getting dissmissed ?
If suit get dissmissed then plaintiff can nopt institute fresh suit after giving notice u/s 173 because it will be barred by law of limitation.
What can be done to save platiffs suit from getting dissmissed.
Please reply.
Nadeem Qureshi
(Expert) 02 May 2015
Dear Querist
if there is any specific clause in section 173 then the suit will be dismissed due to non-compliance otherwise the court may consider section 80 of cpc notice in lieu of section 173 of MHADA Act
otherwise issue a notice again and withdraw the case with the liberty to file fresh.
jayesh
(Querist) 02 May 2015
Thak you, Nadeem sir Section 173 state as follows :
Maharashtra Housing and Area Development Act 1976
section 173.
No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or against Authority, servant of the Authority or
Panchayat or any person acting under the orders of the Authority or Board, or
Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previ-ous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
And in the case of any such suit for damages, if tender of sufficient amends
shall have been made before the action is brought, the plaintiff shall not recover
more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.
Please reply.
is there any specific clause here in this section.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
You can withdraw the present suit with the permission of the court to file a fresh suit on the same cause of action after giving statutory notice to the authorities as envisaged in the law u/s 173 of the said act which was inadvertently omitted to be given earlier or file a petition to dispense with the requirement of issuing notice under the said section of law due to limitation factor.
