Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Civil Procedure Code, 1908, Section 80 -- Provision of S.80 CPC is mandatory but it can be waived by defendants...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Requirement of S.80 CPC can be waived by defendants - Once the defendants have waived the requirement of S.80 CPC by not raising the same in written statement, plaintiff cannot be non suited on the ground of premature nature of suit...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Civil Procedure Code, 1908, Section 80(2), Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80(2) CPC - Multiple reliefs claimed and some reliefs claimed against private respondents - Matter requires adjudication after framing of issues and adducing evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 80, 100 -- Notice u/s 80 CPC - Second appeal - Question of non-compliance of S.80 CPC was not specifically addressed, as same was formulated and decided as a preliminary issue and concurrently upheld by Appellate Court also - Said question of non-compliance of S.80 CPC would not arise to be decided by way of a substantial question of law..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Leave of Court to institute suit without serving notice u/s 80(1) CPC - If a person who is or who has been in lawful possession of a property and is under a threat of being dispossessed, definitely, has a right to institute a suit and threat of dispossession is undoubtedly a circumstance which enables a..........
Civil Procedure Code, 1908, Section 80(2) -- Application u/s 80(2) CPC - At this stage Court has only to consider as to whether facts pleaded give rise to a cause of action upon which plaintiff is entitled to seek an urgent remedy which otherwise would frustrate the claim or cause of plaintiff if suit is not entertained for want of compliance of S.80(1) CPC...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
