( 1 ) IN exercise of power under Section 400 sub-section (8) of the Calcutta Municipal Corporation Act, 1980, a portion of the building was demolished on the ground of undertaking unauthorized construction. Challenging this action, the plaintiff-appellant had filed a suit against the corporation contending that the Municipality be restrained from demolishing other portion of the building and had assailed the action taken under Section 400 sub-section (8) of the Act on the ground that it had breached the provisions contained in the sub-section itself. In the plaint, it has been averred that the property was purchased by the plaintiffs and his sister having moiety share. The learned Trial Court had dismissed the suit. The non-joinder of the sister in the suit is one of the grounds on which relief was denied. The second ground was that the date and particulars of the order passed under Section 400 sub-section (8) was not available from the pleading amounting to vagueness. The other ground is that the suit is otherwise barred under the provisions of the Act.

( 2 ) WHILE supporting and opposing the application for injunction, both the learned Counsel had addressed the Court o