9911796707
TMI Blog2024 (8) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... which the requirement of a prior notice under Section 80 CPC is attracted, cannot be validly instituted until expiration of period of two months next after the notice in writing has been delivered to the authority concerned in the manner prescribed. In STATE OF GUJARAT VERSUS KOTHARI AND ASSOCIATES [ 2015 (10) TMI 2806 - SUPREME COURT ] the Court has clearly held that the notice under Section 80 should have been issued before the suit became time barred. In the present matter, the time for filing the suit admittedly expired on 11.04.2008 and only thereafter the suit came to be re-filed after issuing the notice under Section 80 CPC. The High Court erred in declaring that the suit was maintainable. The view is found to be unacceptable and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g such suit. 4. The respondent no. 1 filed the suit on 11.04.2008, on the 365th day of her acquittal, and theoretically the suit was filed within limitation. However, the defendants raised the plea that the suit was filed without issuing a notice under Section 80 of the Civil Procedure Code, 1908 (CPC) and therefore the notice being mandatory, the suit, at the time of filing, was not maintainable. 5. Under the impugned judgment, the High Court however adverted to the provisions of Section 155 (2) of the Customs Act to state that the suit was filed within time and was therefore maintainable. 6. To address the rival contention, we have perused the provisions of Section 80 of the CPC. Section 80 of the CPC prescribes that if a suit is to be in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtracted below for ready reference:- 6. It must now be regarded as settled law that a suit against the Government or a public officer, to which the requirement of a prior notice under Section 80 C P. C is attracted, cannot be validly instituted until the expiration of the period of two months next after the notice in writing has been delivered to the authorities concerned in the manner prescribed for in the Section and if filed before the expiry of the said period, the suit has to be dismissed as not maintainable. 9. Then again, in State of Gujarat v. Kothari Associates reported in (2016) 14 SCC 761 , the Court has clearly held that the notice under Section 80 should have been issued before the suit became time barred. In the present matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
