Pre - suit statutory notice & inherent powers of court u/s 151 of cpc

rahul (Querist) 15 June 2015 This query is : Resolved
Hi,
Respected Members,

Plaintiff is a financially weak person. He do not afford to pay to private lawyers & hence he asked for legal aid from state legal aid but they were taking time in providing legal aid & suit will have time barred & hence plaintiff filed suit in person.

Suit is against local authority. Authority has its own Act which states that before filling any suit against authority two months prior notice is required to give to the authority of intended suit.

Plaintiff was not aware of this provision of two months prior notice to the authority & hence plaintiff has not given two months statutory notice to authority under particular section of Authority Act.

But at the time of filling of suit plaintiff was under impression that authority is owned by State Government & all the officers of Authority are Government Servants & hence plaintiff has given two months prior notice to authority & its officers under section 80c of civil procedure code.

some officers of Authority has replied to the notice u/s 80c of cpc but did not told plaintiff that notice u/s 80c cpc is not applicable to them.

And after lapse of two months period plaintiff has filed suit in court & after issuing summons, Authority has filed Written Statement that plaintiff has not given two months pre - suit statutory notice to authority under particular section of Authority Act & hence suit be dismissed for non - compliance of mandatory provisions.

1. In this situation, Can court treat notice under 80c of cpc as notice under particular section of Authority by virtue of its powers u/s 151 of cpc ?

2. Whether Court will dismissed plaintiff suit on technical fault ?

Please Reply.
Thank you

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J K Agrawal (Expert) 15 June 2015
Notice is required and that is there. It does not matter that what section is mentioned on the notice.

The notice, given by you will do. You have one more added advantage that the notice was replied by the authority.

So do not worry.

Rajendra K Goyal (Expert) 16 June 2015
The given notice would be treated as Notice and if court does not accept go for appeal.

rahul (Querist) 16 June 2015
Thank You very much J K Agrawal Sir & Rajendra Goyal Sir.

In order to treat above notice as notice, Should Plaintiff file separate application u/s 151 to the court ? or If Plaintiff mentioned this in reply to written statement, would be sufficient.

Thank you.