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Showing contexts for: dd act in Yashod Kumari And Anr. vs Mcd And Ors. on 31 January, 2003Matching Fragments
"Whether the present suit is not maintainable as alleged in para 2 of the preliminary objections in the WS?'
2. While examining this issue the whole debate seems to have turned on the non-service of notice under Section 80, CPC.
3. While appellants (plaintiffs) contended that the suit was maintainable even in the absence of notice under Section 80, they also prayed for grant of leave in the facts and circumstances of the case under Section 80(2). Respondents (defendants) opposed this and Trial Court dismissed the suit for want of notice under Sections 80, CPC and 53-B of DD Act and dismissed the suit.