JUDGMENT - V.S. DESHPANDE, J.:---This reference to the Full Bench arises out of a suit instituted by the plaintiff on 1st July, 1970 in the Bombay City Civil Court. The plaintiff institued suit (no. 4816 of 1970) against the Bombay Municipal Corporation. The suit is for a declaration that the notice of the corporation, defendant No. 1 under section 351 of the Act dated 29th March, 1969 was illegal void bad in law and unenforceable. The suit is also for an injunction restraining respondent No. 1 from enforcing the said notice dated 29th March, 1969. At a later stage, the landlord of the suit premises also were impleaded as defendants at their request. Defendant No. 1 filed its written statement on 14th August, 1970. In paragraph No. 1 of the written statement, defendant No. 1 raised a plea that the suit is bad for want of statutory notice under section 527 of the Bombay Municipal Corporation, 1888 (hereinafter referred to as "the Act"). In spite of this plea being raised in paragraph 1, defendant No. 1 waived the said objection saying that "However, in order to avoid delay these defendants are advised to waive the objection as regards the want of a statutory notice". Interim injunct

Click Here to Read the rest of this document