• Delhi Development Act, 1957, Section 53(B) - Civil Procedure Code, 1908, (V of 1908) Section 80 - 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) PLR (Del.)
  • Delhi Development Act, 1957 Section 53(3) - Notice under Section 80 CPC - Issue qua non-maintainability waived - There is no estopple against law meaning thereby even if a statement in this regard was made by the respondent/DDA still it would be the duty of the court to have seen as to whether the requirement of Section 53B of the DDA Act was complied with or not. (174) PLR (Del.)


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