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Constitution of India, CPC and limitation Act:

(Querist) 29 May 2008 This query is : Resolved 
Dear Sir,
If a juristic person like State undertaking of Hotels or industry burnt down a building occupied by them as a tennant, and the landlord filed a case against them for compensation by implicating the State Government as profoma Defendant for explining certain issues, is it mandatory to give Notice under section 80 CPC? Since it is also a matter concerning immovable property for the purpose of limitation period it will fall under Artile 66?
The case was decided against me that Sec 80 CPC was required and that Limitation period will be under Article 113. Now can I file writ petition under Article 226 read with 227, as the court did not take notice of the Supreme court rulings submitted before the court?

Guest (Expert) 29 May 2008
SEction 80 CPC notice is mandatory, and the period of waiting i.e 90 days has to elapse. But you can use section 151 CPC to permit you to prosecute pending a reply or elapsation of notice period under 80 CPC.

If submission is oral, it is difficult. In writing then, O>K. But why a writ, when appeal is possible. Writ is difficult when alternate remedy is avialable.
N.K.Assumi (Querist) 29 May 2008
Dear Kotresh,
Thank you for your valuable comments, I really do appreciate it.Yes, appeal can be filed along with a petition for condonation under limitation act.But, when a palpable error is manifest on the face of the records, can we not go for writ so that justice is done by the court through the writ power of the HC under 226 read with 227 for which the HC exist?
Regarding Mandatory notice under section 80 CPC, if a Govt is impleaded with other party, I feel that for want of notice under sec 80 Gov may be droped as a party, but not against the private party and suit should not be dismissed against the private party and it has to be proceeded according to law.Suggestions please.

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