Municipal Council, Raghogarh . vs National Fertilizer Ltd. .

The Supreme Court held that the High Court erred in declaring the suits filed by National Fertilizers Limited and Gas Authority of India Limited against the Municipal Council as not maintainable under Section 80 CPC and Section 319 of the Madhya Pradesh Municipalities Act. The Court emphasized that the absence of a notice under Section 80 CPC does not bar the suit, and the Municipal Council's failure to raise the issue of notice in the written statement precludes it from claiming non-maintainability. The Supreme Court set aside the High Court's judgment and remitted the matter for consideration on merits.