what is the procedure?
queryking
(Querist) 13 November 2009
This query is : Resolved
what is the procedure to file a civil suit against the Municipality
Adv Archana Deshmukh
(Expert) 13 November 2009
You first have to give a notice u/s. 80 cpc. It is mandatory.
Sachin Bhatia
(Expert) 13 November 2009
Better to file it with the help of some local lawyer.
niranjan
(Expert) 13 November 2009
I differ. There is a definite provision in the Municipal law for the notice.The notice is mandatory and there is no waiver provision.
Y V Vishweshwar Rao
(Expert) 13 November 2009
I agree with Mr Niranjan !
suit for what details required ! The Act of the Muncipality is with in thier statutory powers or not
under Hyd Mpl Corporation Act statutary Notice is required for the acts stipulated under the Act
The acts which are causing loss to the Plaintff are not with in the powers of the Mpl Staff, the Notice is not required !
Mention all the claims in the plaint to justify your relief in the suit and pay the required Court fee as prescribed under your state Court Fee Act and file the Suit !
It is better engage Local Advocate to prepare the suit and to file the suit, he will help/guide you!
Raj Kumar Makkad
(Expert) 13 November 2009
After raising legal grouse in the legal notice to be served under section 80 CPC ( in some states the notice under MC act is mandatory) and waiting till the action from the side of the municipality till the stipulated period mentioned in the notice itslef, lawyer shall prepare the suit with the help of documents and shall file it and further procedure shall be followed as per CPC.
K.C.Suresh
(Expert) 14 November 2009
Vishweshar is right. S.80 CPC notice is a must.
V.V.RAMDAS
(Expert) 14 November 2009
Dear Author,
First of all you have to keep in mind that the municipality is not governmet body it is local self government body. So the suit has to be filed as per local muncipality act . There is a specific section for issuing statutory notice ( 60 days notice)in the Muncipality act. However you can all so issue notice u/S 80CPC but it can not be weived in any circumstances. No suit or other legal proceeding shall be brough against the chairperson, the executive officer or any councillor, officer or servant of a municpaity in respect of any act done, in execution of this Act or any rule,regulation, bye-laws except sone specifiction sections of the Act.
G V S Jagannadha Rao
(Expert) 15 November 2009
Section 80 CPC applies only to Government. A municipality is not a Government. The Municipality Act will have a specific provision for suit notice, which is mandatory. The purpose of the notice is to put the Municipality on notice about the grievance of the Plaintiff and give them sufficient time to redress the same. This is to prevent litigation at the cost of public.
queryking
(Querist) 15 November 2009
thank you Jagannadha Rao
Khaleel Ahmed Mohammed
(Expert) 19 November 2009
Issue a legal notice by local lawyer.If concerned Municipality failed solve your grievance,then you can file a civil suit.
