Section 80 of the Code of Civil Procedure does not apply to future or threatened acts, but only to past acts.

Raj Kishore Prasad, J.

1. This appeal involves the interpretation of Section 80, of the Code of Civil Procedure, 1908. The sole question for determination is, whether a future act or an act threatened or apprehended in the future is outside the scope of Section 80 of the Code ?

2. This appeal by the defendant --- State of Bihar -- arises out of a suit, brought by the plaintiff-respondent, for permanent injunction restraining the appellant and the Circle Officer, defendant 2 --respondent 2, from settling the ghat in suit, with anybody, in near future, which has been decreed by both the courts below.

3. In paragraph 6 of the plaint, which was filed on the 7th July, 1954, the plaintiff averred, inter alia :

"That on behalf of the defendants, through the Circle Officer, Ballia, a proclamation by beat of drum was made in June last that the ferry (ghat) with be settled by public auction in near future and that the intending bidders should approach the Circle Office for the same."

4. The plaintiff, therefore, asked, in paragraph 10(a) of his plaint, for a decree for permanent injunction against the defendants restraining them from settling the ghat with anybody. There is, therefore, no doubt that the act to be restrained was something apprehended in the future, and the suit was begun to restrain the defendants from the threatened settlement of the ferry of the plaintiffs in near future.

5. The suit was contested by the defendants, including the appellant, on several grounds. One of them was that the plaintiffs suit was not maintainable for want of a notice under Section 80 of the Code, and, therefore, it was liable to be dismissed on this ground alone.

6. The trial Judge held that a notice under Section 80 of the Code was not necessary as the suit related to a future act only. On appeal by the appellant to the court of appeal below, the judgment of the trial court was affirmed, and, the learned Subordinate Judge, who heard and decided the appeal, also upheld the view of the first court that a notice under Section 80t of the Code was not necessary in view of the fact that the real object of the suit of the plaintiff was to obtain the relief by injunction against an act not done, or, purporting to have been done, but merely threatened to be done in the future,

7. On the present appeal, therefore, the only point, which has been pressed in support of the appeal, is that the view of the scope of Section 80 of the Code taken by the court below is, wrong in law, because it covers not only a past act, but also a future act, and, as such, the plaintiffs suit for want of a notice under Section 80 of the Code was bad in law, and, therefore, it should have been dismissed in limine. In support of his contention, Mr. G. P. Shahi, the learned Additional Government Pleader, who appeared for the appellant, relied on a decision of the Privy Council in Bhagchand Dagadusa V/s. Secy, of State, 54 Ind App 338: AIR 1927 PC 176.

8. The learned counsel appearing for the plaintiff-respondent, however, in reply, supported the judgment in appeal, and, submitted that Section 80 of the Code does not apply to future acts or threatened acts, but only to past acts, and, therefore, the view taken of the scope of Section 80 of the Code by the courts below is correct. In support of his contention he relied on a Bench decision of this Court in Rameshwar Prasad Singh V/s. Md. Ayyub, AIR 1950 Pat 527, which has been relied upon also by the learned Judge of the Court of appeal below.

9. In order to ascertain the scope of Section 80 of the Code, it is necessary first to read the section itself. The material portion of Sec, 80 is in the following terms:

"Section 80. No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of : XX XX XX XX"

10. The