There are two questions for determination, firstly whether the notice of suit given by the first appellant complied with the requirements of section 80 of the Code of Civil Procedure; assuming that the said notice was defective then the second question arises namely whether the Respondents have waived their right to question the said notice, or are estopped by their conduct from alleging that the notice is defective; also do the terms of section 80 permit waiver.

As to the first question the notice in the present proceedings was given by only one out of the two original Plaintiffs, although there is a reference in the notice to“plaintiffs” in the plural. Prior to the decision of the Board in Bhagchand Dagadusa v. Secretary of State for India1, there have been decisions of the Courts in India that a notice given by only one out of two plaintiffs would be a sufficient compliance with the section.

(Counsel was requested by the Board not to refer to any authorities on this point prior to the decision in 54 I.A.). In Appa Rao v. Secretary of State for India2, it was held that a notice by one out of two plaintiffs would not be a good notice under section 80; this was upheld on a