Should section 80 CPC be Repealed?

Dear Assumi sir,

In this context,we may refer to Madras Port Trust vs. Hymanshu International, (1979) 4 SCC 176. In that case, the Supreme Court made a very telling observation (though in the context of the rights of citizens), which we think is worth quoting in extenso: The plea of limitation based on this section is one which the court always looks upon with disfavour and it is unfortunate that a public authority like the Port Trust should, in all morality and justice, take up such a plea to defeat a just claim of the citizen. It is high time that governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what is fair and just to the citizens. Of course, if a government or a public authority takes up a technical plea, the Court has to decide it and if the plea is well-founded, it has to be upheld by the court, but what we feel is that such a plea should not ordinarily be taken up by a government or a public authority, unless of course the claim is not well-founded and by reason of delay in filing it, the evidence for the purpose of resisting such a claim has become unavailable.Here, it is obvious that the claim of the respondent was a just claim supported as it was by the recommendation of the Assistant Collector of Customs and hence in the exercise of our discretion under Article 136 of the Constitution, we do not see any reason why we should proceed to hear this appeal and adjudicate upon the plea of the appellant based on Section 110 of the Madras Port Trust Act (II of 1905). We accordingly revoke the special leave granted to the appellant, and direct that the appellant do pay the cost of the respondents. (Emphasis given) We are mentioning this decision only to bring home the fact that the State should not raise technical pleas for the sake of it and to defeat a just claim.

Shree, Thank you for the citation. Procedurals laws are just a handmaid of justice to arrive at a just and fair decision, but that section 80 has converted the technical procedures into depriving the citizen with their legitimate claim and is unreasonable. Consider this, suppose a citizen wants to file an injunction against the Gocvernment but that section says no till Notice.Yes, there is a provision that Notice may be dispense by the Court but why all those rituals and unnecessary applications. Even in the absence of section 80 CPC it is conceivable that No Court in India will come out with any Orders without a reasonable opprtunity afforded to the other party be it Government or a private individual, so why this Section? This section has to be Repeal. Once again thank you for the citation.

Thanks to Assumi sir for raising this issue and focusing the same and thanks to Shree sir for giving his valuable view.

Even though V are not replying but V are getting knowledge. Thnks both of u

My Dear Rekha, thanks to you too for responding.

Thanx Mr. Assumi for this topic n thanx Mr. Shree for so helpful judgement.