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Mahender Singh & Anr. vs . Manoj Kumar & Ors. on 2 August, 2011

In the case of Manohar Lal Chatrath (supra), it was noticed that the fundamental procedure of law has not been followed and therefore the case did not come within the purview of the Delhi Municipal Corporation Act. The court therefore refused to reject the plaint. In the present case, however, there is no such plea and consequently the statutory remedy provided under the Delhi Land Reforms Act cannot be avoided.
Delhi District Court Cites 50 - Cited by 0 - Full Document

Ms. Amarjeet Kaur vs Municipal Corporation Of Delhi on 24 August, 2012

In Manohar Lal Chatrath & Anr's case (supra) the demolition and/or sealing order CS No. 88/2012 Page No. 9 of 10 was challenged on the ground of violation of principles of natural justice. In the instant case, the documents filed by the plaintiff herself i.e demolition order dated 06.02.2012 shows that the show cause notice dated 23.01.2012 was issued to the owner/occupier of the building and after affording the opportunity of hearing, the demolition order has been passed. Thus, there is no violation of principles of natural justice in this case.
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Sh. C.L. Khanna & Others vs Smt. Manubhawant on 15 March, 2008

In Mohan Lal Chatrath Vs. MCD Delhi AIR 2000 Delhi 40, a division bench of Hon'ble High Court of Delhi has held that even if the expression ''the statement in the plaint'' is given a liberal interpretation, documents filed with the plaint may be looked into, but nothing more. It is thus clear that the said provision would be applicable only to those case where the statements made in the plaint read with the documents filed, without any doubt or dispute establish that the suit is barred by any law in force. The Specific plea on which the rejection of the plaint is sought in this case are on the grounds of limitation, under valuation of suit, relinquishment of their shares in the property in question by Smt. Manohar Devi Khanna and the plaintiff no.1 and the alleged Agreement to Sell dated 18.03.1980 executed in favour of defendant. Undoubtedly, these questions are the mixed questions of law and facts which cannot be decided without trial. Moreover, the plaintiff has also challenged the authenticity and validity of the Relinquishment Deed as well as the validity of the Agreement to Sell dated 18.03.1980. Thus I find no merits in the application and as such the same is liable for dismissal and accordingly the same is hereby dismissed.
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