Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Notice - Not in existence as pleaded in plaint - Notice pleaded was issued on the instructions of party other than the plaintiff and the sum claimed is also totally different to that claimed in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Section 80 -- Electricity Board - Death caused by electric shock due to negligence of Board - Suit for damages - Notice u/s 80 CPC is not necessary...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Permission to institute suit without notice - Initially the permission is granted ex parte - State is entitled to contest the said grant of permission after appearing in the matter...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Permission to institute suit without notice - Mechanical grant of permission without application of mind by the Court which permit the institution of suit, is not contemplated u/s 80 (2) CPC - Court to pass a reasoned order enabling State to challenge the said order before the same Court...........
Civil Procedure Code, 1908, Section 80 -- Medical negligence - Suit for compensation - Doctor in Government hospital made party along with others and relief also claimed against him - As doctor was discharging his duty as public officer as such separate notice to him under S.80 is necessary...........
Civil Procedure Code, 1908, Section 80 -- Notice - When relief is sought against a Public Officer, notice is necessary before instituting the suit for compensation Removal of the Public Officer from the party array for want of notice is proper...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Provision of S.80 CPC is mandatory - A suit not complying with provision of S.80 cannot be entertained by any Court, and if instituted, must be rejected under O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 80 -- Notice - Service, validity and sufficiency of notice - Failure to file office copy - Receipts and acknowledgment due showing receipt of Railway Receipts by Railway authorities - Nothing in evidence to show that receipts and acknowledgment due did not relate to receiving of notices u/s 80 CPC - Failure to file office copy of notice..........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5A -- Sub Inspector of Police - Misbehaviour - Suit for damages - Notice u/s 80 issued to Sub Inspector of Police and not to State - State impleaded party in view of provision of O.27.R.5A - No relief claimed against State - Suit is not bad for want of notice to State...........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court on application - Suit proceeded with - It can be implied that Court had granted leave - Leave need not be by formal order - It can be implied by action of Court...........
