Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Rejection of plaint - Non compliance of the provision of S.80 CPC - Suit is barred by provisions of O.7.R.11(d) CPC owning to non compliance of S.80 CPC...........
Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80(1) CPC - Suit for prohibitory and mandatory injunction - Only Rasta of plaintiff was allegedly obstructed by defendant in the suit, thus, in such case service of notice u/s 80(1) CPC was not mandatory under law...........
Civil Procedure Code, 1908, Section 80 -- Notice - Absence to mention provision of law - No requirement to mention provision of law so long ingredients of S.80(3) CPC are met...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Civil Procedure Code, 1908, Section 80, Order 6, Rule 17 -- Amendment of plaint - Amendment to incorporate certain facts and to implead Collector and Tehsildar - Addition of Collector and Tehsildar cannot be allowed to be impleaded without issuance of notice u/s 80 CPC - However, since facts sought to be incorporated by way of amendment is formal in nature and will not..........
Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80 CPC - Notice issued to Chief Secretary of State - Same is substantial compliance of S.80(1) CPC...........
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 -- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can always be waived by the party for..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
