The plaintiff-appellant filed a suit for recovery of a sum of Rs. 25,715/- by way of compensation on account of damage caused to his vehicle while it was under requisition with the officers of the Government of Assam for election duty. In the suit, the Chief Secretary to the Government of Assam was named as defendant No. 1, besides the Magistrate and Sub-Divisional Divisional Officer (Election Branch), Barpeta who requisitioned the vehicle, the Chief Election Officer, Assam, the Election Officer, Barpeta for whose duty it was requisitioned and the New India Assurance Company Limited with whom the vehicle was insured. They were made defendants Nos. 2 to 5. Before filing the suit, the plaintiff through his Advocate served a notice under Section 80 of the Civil Procedure Code on the Chief Secretary to the Government of Assam and other defendants.

2. The suit was contested by the defendants. The defendants Nos. 1 to 4 in their written statement pleaded, inter alia, that the suit was not maintainable for want of notice under Section 80, C.P.C. and for non-compliance of the requirement under Section 79 of the Civil Procedure Code. It was claimed by the defendants that the vehicl