Pre - suit notice objection & framing of preliminary issue
rajesh karnik
(Querist) 13 January 2016
This query is : Open
Respected Sir,
Suit is filed against the corporation. Corporation is established by govt. under special act. Special act requires pre - suit notice before filling suit against corporation for acts done under the special act.
Plaintiff has filed suit against corporation & its officers without giving pre - suit because act done by them is not under the act being an illegal act. But plaintiff has not specifically pleaded in the plaint that as to why this notice is not applicable to plaintiff & its grounds.
After filling this suit corporation & its officers did not file WS & hence court passed NO WS order against them which is not challenged by them.
After that another defendant who is not related to corporation & who is a general public after filling WS took objection that no pre - suit notice is given to corporation & requested to frame preliminary issue on that point.
Can other Defendant take this objection when corporation is silent ?
Thank you.
