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APURBA SINHA RAY
Rana Chairs – Appellant
Versus
Director General (Town Planning), K. M. C. – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The matter relates to execution of a transferred decree from Hon’ble High Court at Delhi.
2. The instant application has been filed from the side of the KMC under Section 47 Code of Civil Procedure, 1908 contending that the decree passed was in fact a nullity since the KMC was not made a party to the proceeding. It is further contended that as per Section 587 of the Kolkata Municipal Corporation Act, 1980 (the Act, 1980 in short hereinafter) no suit is maintainable against any municipal authority or any officer or employee of the Corporation in respect of anything done lawfully and in good faith with due care and attention under the Act, 1980 or the rules and regulation made thereunder.
3. The learned counsel appearing for the KMC Mr. Dhruba Ghosh has also contended that Section 586 of the Act, 1980 provides that no suit shall be instituted in any court against any municipal authority or qany officer or employee of the corporation without serving necessary notice in writing to the concerned office of the KMC.
4. It appears that though the decree-holder instituted the relevant suit against three of its officers, neither the KMC was made a party to t
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