U/s 80 notice be issued to a club !

RAIHAN UL HAQUE (Querist) 18 March 2022 This query is : Resolved
I HAVE FILED A SUIT TO THE CIVIL COURT (SR DIVISION) AND APPEALED FOR AD-INTERIM INJUNCTION TO THE COURT AGAINST A CLUB (THEY HAVE SOCIETY REGISTRATION ONLY). THE COURT ORDERED FOR TEMPORARY INJUNCTION. OPPOSITION FILED A PETITION AGAINST THE TEMPORARY INJUNCTION MENTIONING THAT "PLAINTIFF MUST ISSUE A NOTICE TO THE RESPONDENT CLUB U/S 80 CPC BEFORE FILLING A CASE AGAINST A REGISTERED CLUB." NOW, THE JUDGE IS DEMANDING RULINGS ABOUT THE MATTER. PLEASE PROVIDE LINK FOR THE SAME. THE MATTER IS IN WEST BENGAL.

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A legal query arose regarding whether a Section 80 notice under the Code of Civil Procedure is necessary before filing a suit against a registered club in West Bengal. The consensus from legal experts is that a registered club, not being a government entity or 'State' as defined by Article 12 of the Constitution, does not require such a notice. Therefore, a suit against a club is generally maintainable without prior notice under Section 80 CPC.

Advocate Bhartesh goyal (Expert) 19 March 2022
Registered club does not come under purview of Govt so no notice u/sec 80 of CPC is required.Suit is maintainable without having been issued notice to club.

Dr J C Vashista (Expert) 20 March 2022
Very well analysed, opined and advised by senior expert Mr. Bhartesh Goyal, I endorse it, the club do not fall in the category of State as defined under Article 12 of the Constitution of India where notice under the provision of Section 80 of the Code of Civil Procedure, 1908 directs to issue notice before institution of a suit against the State.
However, ad-interim injunction prayer is stated to have been allowed by the Civil Judge (Senior Division) which can be assailed before Calcutta High Court and not before the same court.
Notice u/s 80 CPC is already waived by the CJ (SD) and issue raised by defendant is frivolous at this stage.

P. Venu (Expert) 16 April 2022
Yes, a Club is not the Government.

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