parties to a suit

gayathri (Querist) 12 May 2010 This query is : Resolved
X,a company, has been dealing with,K,the state government with regard to a project. Subsequently the state government has given the project to Y a private company, and all the dealings are now done with them. In a suit now, can the state government also be made a party to the claims that are being raised by X.

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Virender Pankaj (Expert) 12 May 2010
Yes, however X has to serve a legal notice u/s 80 C.P.C to State Government before filing the suit.

adv. rajeev ( rajoo ) (Expert) 12 May 2010
Yes state govt., is necessary, before filing the suit notice u/s 80 is mandatory.

Sachin Bhatia (Expert) 12 May 2010
Yes, state govt. is necessary party, send notice u/s 80 before filing suit against the state govt.

N.K.Assumi (Expert) 12 May 2010
To obtain urgent and immediate relief like injunction you need not wait for two months and you can institute suit against the Government but only with the leave of the Court as per seb section (2) of section 80 of the CPC. Infact I am against this section as it discriminates between State which is a juristic person and Indian citizen and offends Article 14 of the constitution of India.

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