How to file case against Municipal Corporation

Can a corporator file a case under section 92 of civil procedure code against corporation

Answers (2)

326 votes

The Division Bench of THE HIGH Court in the case of Ram Sharan Dari, Municipal Councillor, Jabalpur v. Dr. K.L. Dubey, Mayor, Municipal Corporation, Jabalpur and Anr. reported in 1974 MPLJ612, has held that the Corporation is a legal entity different from its office bearers. In legal proceedings, it is the Municipal Commissioner and not the Mayor. Division Bench of tHE HIGH Court has also considered the scope of Sections 79 and 80 of Civil Procedure Code and has held that notice under Section 80 was not proposed It is also held in the case of Municipal Corporation Murwara Katni v. Lalchand Jaiswal reported in 2000(2) MPLJ 288 that it is mandatory to serve notice under Section 401(1) of the Act prior to filing of the suit. There is no provision in the Act that in case of emergency and where an injunction is sought a suit could be filed without serving a notice under Sub-section (1). There is no provision for taking permission of the Court for filing the suit without complying with the requirement of service of notice. In the said facts of the case, plaint as filed is liable to be returned to the plaintiff for presentation after complying with the provisions of Section 401 of Municipal Corporation Act.

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285 votes

S. 92 of CPC relates to the suit by two or more persons interested (with the leave of the court) against the mismanagement of a trust. There is nothing in the section about a suit by a corporator against against the corporation. I think you have misconceived the section. Your question is not clear.

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