JUDGMENT - Lodha R.M., J.: Heard.

2. Admit. Ms. Patil waives service for respondent. By consent appeal is heard finally at this stage.

3. The impugned order dated 17-2-1999 is patently erroneous and cannot be sustained. While hearing the notice of motion wherein temporary injunction was sought by the plaintiff, the trial Court has dismissed the suit itself on the ground that it has no jurisdiction, reason being non-compliance of provisions contained in section 527 of the Bombay Municipal Corporation Act. The trial Court failed to appreciate the subtle distinction between the jurisdiction of the Court and non-maintainability of claim. The object of the notice required under section 527 of the Bombay Municipal Corporation Act is to give sufficient time to Bombay Municipal Corporation and/or its authorities to consider the prayer for redressal of plaintiff's grievance without litigation. Section 527 reads thus :

527(1) No suit shall be instituted against the corporation or against the Commissioner, the General Manager, or the Director or a Deputy Commissioner or against any municipal officer or servant, in respect of any act done in pursuance or execution or intended execution of this Ac

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