- Civil Procedure
- Case summary
- The court stated that the alleged notice was a mere request to the Board but not statutory notice which was a pre-requisite to the filling of any suit against any scheduled bodies. Further, the applicants contended that, the suit could not have been filled as there had been a pending suit in another court. The court found that proceedings on the same subject matter in different courts could not be allowed as there would arise a miscarriage of justice. Accordingly, the court found that no suit had been properly filled in court upon which a temporary injunction could be applied for and granted as a result. The suit, therefore, was struck out.
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