Bench :
Justice A.P Sen and Justice V. Balakrishna Eradi
Issue:
When can a suit be instituted after delivering the notice under Section 80 of Civil Procedure Code,1908?
Facts:
- The appellants filed a suit seeking declaration for the title of the suit property along with mesne profits.
- Before the institution of suit, the appellant issued a notice to respondents as per Section 80, CPC. Without waiting for the statutory period of 2 months, they have filed a suit.
- The trial court held that the suit isn’t maintainable for want of proper notice under Section 80,CPC.
- The first appellate court also dismissed the appeal of the appellant on the same grounds. The HC also dismissed the appeal.
- Then, the appellant filed the appeal in SC.
Appellant's contentions:
It was contended that the provision of Section 80, CPC is not a public policy provision and therefore, it doesn’t affect the jurisdiction of the court of law to try a suit before the expiration of two months.
Respondent's contentions:
The respondent supported the decision of HC contending that the suit filed by the appellant is against Section 80 of CPC.
Judgement:
The Supreme Court dismissed the appeal & upheld the decision of the HC. It held that a suit against a public officer of Government until and unless the statutory period of 2 months has expired after delivering the notice under Section 80 of CPC, 1908. Otherwise, the suit would not be maintainable.
"There is clearly a public purpose underlying the mandatory provision contained in the section insisting on the issuance of a notice setting out the particulars of the proposed suit and giving two months' time to Government or a public officer before a suit can be instituted against them. The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation."
-Para 3 (Bihari Chowdhary & Anr. v. State of Bihar & Ors.)
