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1980 Supreme(Guj) 25

S.L.TALATI
BAI CHANCHALBEN – Appellant
Versus
RAMANLAL KESHAVLAL SHAH – Respondent


Advocates Appeared: M.C.SHAH, V.P.Shah

S. L. TALATI, J.

( 1 ) THE next question which is required to be considered is in respect of the effect of the suit against defendants nos. 8 and 13 when notice under sec. 167 of the Gujarat Co-operative Societies Act 1961 was not given to the Registrar as provided by that section. The learned Advocate Miss Shah submitted that this section is analogous to sec. 80 of the Civil Procedure Code. Sec. 80 of the Civil Procedure Code before amendment stood as under :80 Notice No suit shall be instituted against the Government including the State of Jammu and Kashmir or against a public officer in respect of any act populating 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 (a) in the case of a suit against the Central Government except where it relates to a railway a Secretary to that Government; (b) in the case of a suit against the Central Government where it relates to a railway the General Manager of that railway; * * * * * (bb) in the case of a suit against the Government of the State of Jammu and Kas hmir the Chief Secretary to that Government or any other officer










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