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When can a suit be instituted after delivering the notice under Section 80 of Civil Procedure Code,1908

Parul Dhingra ,
  12 September 2020       Share Bookmark

Court :
Supreme Court of India
Brief :
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.
Citation :
Appellants : Bihari Chowdhary & Anr. Respondents : State of Bihar & Ors. Citation : (1984) 2 SCC 627

Bench :

Justice A.P Sen and Justice V. Balakrishna Eradi

Issue:

When can a suit be instituted after delivering the notice under Section 80 of Civil Procedure Code,1908?

Facts:

  • The appellants filed a suit seeking declaration for the title of the suit property along with mesne profits.
  • Before the institution of suit, the appellant issued a notice to respondents as per Section 80, CPC. Without waiting for the statutory period of 2 months, they have filed a suit.
  • The trial court held that the suit isn’t maintainable for want of proper notice under Section 80,CPC.
  • The first appellate court also dismissed the appeal of the appellant on the same grounds. The HC also dismissed the appeal.
  • Then, the appellant filed the appeal in SC.

Appellant's contentions:

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. 

Respondent's contentions:

 The respondent supported the decision of HC contending that the suit filed by the appellant is against Section 80 of CPC.

Judgement:

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.)

 

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Published in Constitutional Law
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