Justice A.P Sen and Justice V. Balakrishna Eradi
When can a suit be instituted after delivering the notice under Section 80 of Civil Procedure Code,1908?
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.
The respondent supported the decision of HC contending that the suit filed by the appellant is against Section 80 of CPC.
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.)