Amendment status not verified — confirm the current text below against the official source.
Substituted by section 3 of Chapter II of U.P.Act No.12 of 1994. [The Uttar Pradesh [Municipal Corporation]2 Act, 1959] [Section 571A-571B] (a) until the expiration of two months next after notice if writing has been, in the case of the [Corporation]2, left at the [Corporation]2 office and, in the case of the Mukhya Nagar Adhikari or of a [Corporation]2 officer or servant delivered to him or left at his office, stating with reasonable particularity the cause of action the nature of the relief sought, the amount of compensation claimed, if any, and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor (b) unless it is commenced within six months next after the accrual of the cause of action: Provided that nothing in this sub-section shall be construed to apply to a suit wherein the only relief claimed is an injuction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding. (2) At the trial of any such suit- (a) the plaintiff-shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid; (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was Instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs. (3) When the defendant in any such suit is a [Corporation]2 officer or servant, payment of sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Executive Committee from the [Corporation]2 Fund. Mode of proof of [Corporation]2 records [571-A A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a [Corporation]2 shall, if duly certified by the legal keeper thereof or a person authorised by the Mukhya Nagar Adhikari in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters. Restriction on summoning of [Corporation]2 officers or 571-B No [Corporation]2 officer or servant shall. in any legal proceedings to which [Corporation]2 is not a party be required to produce any register or document the contents of which can be proved under the last preceding section 525 servants to pro- duce documents by a certified copy or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.]1 1.Add. by s. 27 of U. P. Act No. 21 of 1964. 2.Substituted by section 3 of Chapter II of U.P.Act No.12 of 1994. [The Uttar Pradesh [Municipal Corporation]2 Act, 1959] [Section 572-574] Civil Court not to grant tempo- rary in-junction in certain cases 572- No Civil Court shall in the course of any suit grant any temporary injunction or make any interim order- (a) restraining any person from exercising the powers or performing the functions or duties of a Sabhasad, [***]1; officer or servant of a [Corporation]2 or of a committee or sub-committee of a [Corporation]2 on the ground that such person has not been duly elected, or appointed, as the case may be ; or (b) restraining any person or persons or any [Corporation]2 committee or sub-committee of a [Corporation]2 from holding any election, or from holding any election in any particular manner. Limitation of liability of agent or trustee of owner 573- (1) No person who receives the rent of any premises in any capacity described in paragraphs (i), (ii) or (iii) of sub-clause (a) of clause (52) of section 2 shall be liable to do anything which is by this Act required to be done by the owner unless he has or, but for his own improper act or default, might have had sufficient funds of or due to the owner to pay for the same. (2) The burden of proving the facts entitling any person to relief under sub-section (1) shall rest on such person. (3) When any person has secured relief under sub-section (1) the Mukhya Nagar Adhikari may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to comply With such notice shall be deemed to personally liable to discharge such obligation. (4) Nothing in this section shall be deemed to prevent the Mukhya, Nagar Adhikari from carrying out the necessary work and recovering the expenses from the actual owner. CHAPTER XXV Transitory Provisions, Repeals and Amendments Constructions of re-ferences in other enactments 574- [(1)]3 In any enactment other than the V.P. Municipalities Act, 1916, the U. P. Town Improvement Act, 1919 and the Cawnpore Urban Area Development Act, 1945, in force on the date immediately preceding the appointed day in a City or any rule, order or notification made or issued thereunder and in force on such date in the said City unless’ a different intention appears- 526