Rajasthan Housing Board Act, 1970–Sec. 50–Code of Civil Procedure, 1908–Sec. 80 & Order 7, Rule 11–Suit for permanent injunction and declaration–Rejection of plaint by trial Court on the ground that notice of two months was mandatory before filing the suit–Order set aside by first appellate Court–
Instant misc. appeal–Provision of Act of 1970 are specific and there is no provision in the Act for waiving the burden of notice–However, in such situation, the plaint was required to be returned for presentation after complying with the requirements of Sec. 50–Ordered accordingly.
