Sec 80 c p c

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
Suit instituted against private party but during pendency of the suit it was found that government interest is also involved. Whether now notice will be served prior to impleading the government as a party or the whole suit will be dismissed.Kindly give opinion and if possible supported by ruling in this regard.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 08 January 2012
Prior notice to State is mandatory. One can also apply for exemption to serve prior notice under the provisions of section 80 (2) of CPC if the nature of the case so warrants but it the given case, such exemption can not be granted as the suit is already sub=judice.

it shall be better if the plaintiff withdraws the suit with liberty to file fresh suit on the same cause of action after serving due notice to State.

M/s. Y-not legal services (Expert) 08 January 2012
am agree with makkad sir., even i feel some thing apart from his view? why you feel that your suit may get dismissed?

"govt interest also involved " mean earlierly you knowledged about it? i mean in your pleading itself you stated anything about it? no mean just proceed further..

govt official can take necessary steps to implead them as a necessary party.,

-tom-

prabhakar singh (Expert) 09 January 2012
One option is already told to you the other option is to serve a required notice and then implead them as party provided the cause of action and subject matter of suit is not taking any change on this impleadment.

V R SHROFF (Expert) 09 January 2012
As you find it subsequent to fling suit, you send notice u/s 80 CPC, and apply court to amend, add necessary party, and allow sec 80 {2}
In case court do not allow, then apply for withdraws the suit with liberty to file fresh suit on the same cause of action after serving due notice to state., as suggested my Shri Raj Makkad.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries