Whether plaint can be rejected if pre-suit statutory notices, as required under section
527 of the Mumbai Municipal Corporation Act and also under
section 164 of Maharashtra Co-operative Societies Act are not issued.
Under these circumstances, the mandate of law contained in Section 527 of MMC Act against institution of suit requires obedience by prospective plaintiffs as prospective plaintiffs can also save time and money of a Public Authority resolved to settle the claim at pre-litigation stage. When language used in the statute is clear and unambiguous it is duty of the court to give effect to it and considerations of hardship will not be a legitimate ground for not to implement the mandate faithfully as intended by legislature. The provision under Section 527 of MMC Act as also under Section 164 of MCS Act do serve public purpose. Therefore, in view of the ruling in Harkishan Lal vs. State of Jammu & Kashmir reported in MANU/SC/0728/1994 : (1994) 4 SCC page 422, requirement which serves public purpose, cannot be waived. Except in case of urgency it may be excusable in a rare case, when plaintiff is required to be protected against threatened action of demolition of his house or shop as the case may be.
10. Considering the legal position therefore, regarding issuance and service of pre-suit statutory notices, and also Order 7 Rule 11(d) of Code of Civil Procedure, the plaint considering the averments and prayers therein, was liable to be rejected and no blame can be imputed to learned Judge,
Equivalent Citation : 2014 (1)MhLj 92
IN THE HIGH COURT OF BOMBAY
First Appeal No. 302 of 2013 with First Appeal No. 303 of 2013 with Civil Application No. 1031 of 2013 in First Appeal No. 303 of 2013
Decided On: 25.10.2013
Appellants: Noor Mohd. Shami Shaikh and Anr.
Vs.
Respondent: Maharashtra Housing & Development Board and Ors.
Vs.
Respondent: Maharashtra Housing & Development Board and Ors.
Hon'ble Judges/Coram:A.P. Bhangale, J.
