S. 57 J&K Housing Board Act | Provision Of Prior Notice Never To Non-Suit Litigant, But To Allow For Settlement & Avoid Unnecessary Litigation: High Court
Live LawThe Jammu and Kashmir and Ladakh High Court has ruled that the purpose of a notice provision in the J&K Housing Board Act is not to dismiss lawsuits on technical grounds. Expounding on the mandate of Section 57 of the Housing Board Act which provides for notice Justice Sanjay Dhar observed, “The purpose of giving prior notice for filing of the suit under Section 57 of the Act can never be to non-suit a litigant on technical grounds. The trial court dismissed the case on the grounds that Kour failed to serve a prior notice on the Housing Board as mandated by Section 57 of the J&K Housing Board Act. “Therefore, the learned 1st Appellate Court is right in holding that the question as to whether the suit is barred under Section 44 of the J&K Housing Board Act, is a mixed question of fact and law, which can be decided only after trial of the case”, the bench reasoned.
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