Noitce to Municipality
queryking
(Querist) 12 December 2009
This query is : Resolved
is it necessary to mention the provision of law in the notice to Municiplity, if not mentioned what is the consequences?
any citations?
Arvind Singh Chauhan
(Expert) 12 December 2009
Did you have any correspondence beyond 60 days before filing suit, with municipality. If you have, then pray to court that matter is already in the notice of municipality. As per your non mentioning of Provision of law in notice. I think there is no need. Every thing is not codified. " Every person shall speak truth" is not codified. Judiciary not only follow the law but also apply what the natural justice says. According to law,If one can defend himself without a lawyer, how can he mention the provision. Should Honourable court reject such person's plea if he don't know the provision? Recently Honble SC have said that " mentioning of wrong provision and non mentioning of provision does not invalidate order of court". If it is so how can a simple notice is not valid if it does not bear the provision. Find the Para 13 of attached judgment.
niranjan
(Expert) 12 December 2009
It should be legal notice according to the provision and you have to file the suit after the notice period is over.
Abhishek Sharma
(Expert) 13 December 2009
It is not necessary to mention that it is a notice U/s 80 C.P.C (though it is safer to mention). The basic necessity is, you must have set out all facts (that you would be setting out in the plaint) and must have called upon them to do what you would be seeking from court. However if the matter is urgent, this requirement of notice can be waived.
Abhishek Sharma
(Expert) 13 December 2009
AIR 1965 SC 945 State of A.P Vs. G.V Suryanarayana is a good authority as to the requirements of a valid notice U/s 80 C.P.C. Also see Beohar Rajendra Sinha Vs. State of M.P (1969)1SCC 796;AIR 1969 SC 1256. These authorities may help you.
