Civil Procedure Code, 1908, Section 80 -- Notice - Suit against government - No notice as required u/s 80 CPC given before filing suit - Even no application filed to dispense with requirement of giving said notice - Suit dismissed...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Dispense with - Defendants No.1 to 3 Govt. Officers and defendant No.4 is a contractor against whom allegation is that he was trying to forcibly evict plaintiff from suit properties and construct a road thereon - In view of such urgency, explanation that there was no time to serve notice on State Officials, held,..........
Civil Procedure Code, 1908, Section 80 -- Notice - Dispense with - Declined - Only option to Court is to return plaint for no, compliance of S.80 CPC - Return of plaint for presentation after compliance of mandatory provision does not amount to disposal of suit - Cannot be said to be a case decided to attract S.115 CPC - Writ application is maintainable against order..........
Limitation Act, 1963, Section 15(2), Civil Procedure Code, 1908, Section 80(2) -- Permission of Court to file suit before expiry of 60 days after issue of notice u/s 80 CPC - Tantamounts to permission to dispense with such notice and at the same time add the notice period of 60 days for getting the limitation period extended...........
Civil Procedure Code, 1908, Section 99, 80 -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court - Suit proceeded with - Suit decreed - Appellate Court is barred from reversing decree merely because formal order of Court granting leave to dispense with notice is wanting...........
