Respected Membvers,
1. Under what circumstances pre - suit statutory notice may be waived by the Court ?
Does Court have such power to do so in the interest of justice ?
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.
Sir,
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