A.K.GOHIL
Municipal Corporation Ratlam – Appellant
Versus
Dilip Singh – Respondent
Key Points: - The case concerns grant of leave under section 151 CPC to file a suit against the Municipal Corporation after notices under section 401(1) of the MP Municipal Corporation Act, 1956 (!) . - The Division Bench held that the Code's provisions are not exhausted and courts may devise procedures not prohibited by CPC, resorting to inherent powers for ends of justice or to prevent abuse of process (recognizing inherent power to grant temporary injunction even without a suit in certain scenarios) (!) , (!) , (!) , (!) , (!) . - There is no analogous provision in section 401(1) similar to subsection (2) of section 80 CPC; thus leave under section 151 CPC to file a suit against the Municipal Corporation is not expressly provided (!) , (!) . - The court concluded that the revisions are disposed of and that separate suits may be registered and decided in accordance with law, directing parties to bear their own costs (!) , (!) .
1. The applicant Municipal Corporation, Ratlam has filed these civil revisions against the order dated 12.2.1999 granting leave under section 151 CPC to file suit against the Municipal Corporation after notices under section 401(1) of the M.P. Municipal Corporation Act, 1956.
2. The brief facts for the disposal of these revisions are that on 12.2.1999, the respondents came to know through newspaper report that the buildings which are constructed by them are being demolished for some contravention of Municipal Rules and bye laws. After reading the newspaper, on the same day the respondents served notices on the Municipal Corporation under section 401(1) of the Municipal Corporation Act as notice under section 401(1) is required to be served on the Corporation before filing a suit and also on the same day, they filed civil suits alongwith applications under section 151 CPC praying that leave be granted and the application for injunction be heard so that they may not be put to loss. The trial Court by impugned order dated 12.2.1999, granted leave under section 151 CPC and thereafter also granted injunction in favour of the respondents. Subsequently, the injunction was confirmed ag
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