Violation of section 80 of cpc

This query is : Resolved 

12 February 2019

Good morning everyone..

Plaintiff has filed a case in which some public officers are Defendants. The Plaintiff didn't gave a prior notice before 2 months and directly filed a civil case against public officers that violates Section 80 of CPC.The Lawyers of defendants are not giving permission and exemption in section 80 of CPC.

Will the judge dismiss the case straight away?

Dr J C Vashista (Expert)
12 February 2019

Have you made any earlier correspondence on the subject matter with the public officers(defendants herein)?
If so, it would be taken as "Notice" u/s 80 CPC.
The Code of Civil Procedure 1908 is compulsory but not mandatory.

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