BABITA Vs. OMWATI & ANR

JUDGEMENT

(1.) C.M. No.51002/2018 (for exemption)

(2.) The Ld. counsel for the Petitioner contends that prior to the filing of the suit for Permanent and Mandatory Injunction by the Respondent No. 1/plaintiff against the petitioner and Respondent No. 2, no pre-requisite notice u/s 80 CPC was given to Respondent No. 2 and as such, plaint should have been rejected by the learned Civil Judge.

(3.) During the course of the arguments, this court brought to the notice of Ld. counsel for the petitioner the sub-Section (3) of Section 478 of The Delhi Municipal Corporation Act, 1957, which provides that the requisite notice as mentioned in sub section (1) need not be given to the Corporation in suits where the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.