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TMI Blog1947 (7) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... hettiar and Rao Bahadur, D.A.P., R.M. Arunachalam Chettiar against the respondents the Government of the Province of Madras and the Municipal Council of Karaikudi claiming to have set aside the decision of the Appellate Survey Officer in regard to certain land in Karaikudi village by declaring that such land belongs to them with other appropriate relief. 3. The first plaintiff died while this appeal was pending and is represented by the third appellant Al. Ar. Kalairaja. 4. The decision of the Appellate Survey Officer having been given on January 19, 1935, notice was on June 30, 1936, given on behalf of plaintiff No. 1 only to the Collector of Madura claiming that that decision was erroneous and that the erection of certain structures and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , this objection prevailed. Accordingly on November 30, 1938, the plaint was returned to the plaintiffs under Order VII, Rule 10, for presentation to the Court of Subordinate Judge of Devakottai. 8. Nearly ten months later, on September 18, 1939, the plaintiffs presented the plaint in the present suit in the said Court claiming the relief already mentioned. The plaint contained the following averments:- 12.-(a) Though plaintiff No. 1 alone was a party to the survey proceedings inasmuch at, plaintiffs 1 and 2 are the landholders and proprietors of the Karaikudi village, this suit is filed by both of them. 13...notices of suit were given to both the defendants on June 30, 1936, and were served in their offices on July 21, 1936. Both the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecided for the reason above briefly stated that it was. In the present case the question is, whether a notice having been given on behalf of one plaintiff stating his cause of action, his name, description and place of residence and the relief which he claims, a suit can then be instituted by him and another. It is clear to their Lordships that it cannot. The section according to its plain meaning requires that there should be, in the language of the High Court of Madras, "identity of the person who issues the notice with the person who brings the suit." See Venhata Rangiah v. Secy, of State [1931] A.I.R. Mad. 175, on appeal . To hold otherwise would be to admit an implication or exception for which there is no justification. 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion were Sections 86 and 87, which in effect make the consent of the Governor-General in Council a condition of a suit being brought against a Sovereign Prince, and it was held that that condition could not be waived by the Sovereign Prince. But their Lordships would observe that this decision, which related to a consent by a third party, who was not a party to the suit, is not a governing authority where the only person concerned is himself a party to the suit. The condition to which Sections 86 and 87 relate is created not, or not merely, for the benefit of the Sovereign Prince, but to serve an important public purpose. It is for that reason that the consent of the Governor-General in Council is required, and for that reason that there ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritten statements in that suit did not deny, and must be taken to have admitted, that averment, and that the implication of this implied admission is that they waived their right to a proper notice, or, alternatively, that by the implied admission the appellants were induced to act upon the assumption that a proper notice had been given, so that the respondents are estopped from denying that fact. It is to be observed that the whole of the conduct upon which the appellants rely took place before ever an effective suit was instituted. It could not be suggested that, until a suit is instituted, the question of proper notice or the want of it could be raised. It comes therefore to no, more than this, that in a suit which was wrongly brought in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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