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1959 Supreme(SC) 144

S. K. DAS, S. R. DASS, M. HIDAYATULLAH
State Of Madras – Appellant
Versus
C. P. Agencies – Respondent


Advocates:
A.G.Ratnaparkhi, A.V.VISHWANATHA SASTRI, B.K.B.Naidu, I.M.SHROFF, Shankar Anand Zinjarde, W.S.Barlingay

Judgment

S.R. DAS, CJI.. : The only controversy arising in this appeal by special leave relates to the validity of a notice of suit given under S. 80 of the Code of Civil Procedure by the plaintiff, which is the first respondent before us, to the first defendant, which is the appellant herein. The very language of S. 80 makes it clear,-and it has been so held by the Judicial. Committee in Bhagchand Dagdusa v. Secy. of State, 54 Ind App 338 which decision has been adopted by the same tribunal in many later cases- that S. 80 is express, explicit and mandatory and admits of no implications or exceptions. Section 80 peremptorily requires that no suit shall be filed against the Government or a public officer in respect of anything done in his official capacity until after the expiry of two months from the service of a notice in the manner therein prescribed stating the cause of action, the name, description and place of residence of the plaintiff and the reliefs which he claims. There is no dispute that the name, description and place of residence of the plaintiff and the reliefs claimed have been sufficiently stated in the notice. The only question is whether the cause of action has bee














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