Civil Procedure Code, 1908 (V of 1908) S. 80 - Delhi Development Act, 1957, Section 53(B) - Suit was initially filed by the
appellant against Union of India as well as DDA and an application under Section 80 sub-Section (2) CPC was filed which was allowed, so far as the Union of India is concerned but no similar
application was filed qua the DDA - Therefore, merely because the application under Section 80 sub-Section (2) CPC was allowed, the plea of notice under Section 53B of the DDA Act having not
been served on the respondent/DDA could not be deemed to have been waived of. (174) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908)
S.80 - Notice - Extension of period of two months from the date of notice - Since the limitation
period for the breach alleged itself ended before the issuing of notice - Provisions is irrelevant - The notice perforce should have been issued before the suit became time barred, and only
if so done would the period have been extended for a further two months. (S.C.)(183) P.L.R.