section 355
Notice, limitation and tender of amends in suit against Corporation, etc.
The City of Panaji Corporation Act, 2002General2002404 sections
Chapter XXXI Chapter XXXI
Statutory text
- (1) No suit shall be instituted against the Corporation, the Standing Committee or any Corporation officer or servant, or any person acting under the direction of the Corporation, the Standing Committee or any municipal officer or servant, in respect of any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act or any rule or bye-law made thereunder until the expiration of one month next after notice in writing has been delivered or left at the Chief Corporation office or at the residence of such officer, servant or person, stating with reason particularly,—
- (a) the cause of action;
- (b) the name and residence of the intending plaintiff and of his advocate, pleader or agent (if any) for the purpose of the suit; and
- (c) the relief which he claims.
- (2) Every such suit shall be commenced within one year next after the accrual of the cause of action, and the plaint therein shall contain a statement that a notice has been delivered or left as required by sub-section (1).
- (3) If the Corporation or any person to whom any notice is given under sub-section (1) tenders sufficient amends to the plaintiff before the suit is instituted, the suit shall be dismissed.
- (4) If the claim is for damages and if after the institution of the suit a sufficient sum of money with costs is paid into Court, the suit shall be dismissed.
- (5) If the defendant in any such suit is the Commissioner or any other Corporation officer or servant, payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the Standing Committee, be made from the municipal fund.
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