A notice served under Section 80, Civil Procedure Code must contain the name, description, and residence of the plaintiff, the cause of action, and the relief sought, and must be reasonably construed to give the concerned government and public officers an opportunity to reconsider their legal position and to make amendments or settle the claim without litigation.

S. K. RAY, J.

( 1 ) THE plaintiff is the appellant having lost his suit in both the Courts below.

( 2 ) THE suit was for a declaration that the entries in respect of the suit properties in anabadi Khata Nos. 479, 480 in Gar Haladia and No. 967 in mouza Kuaput are null and void and for correction of the record of rights by recording the plaintiff as sthitiban raivat in respect of the same.

( 3 ) AT the time of hearing of this Second Appeal Mr. Patnaik. Additional government Advocate for the State raised a plea of non-maintainability of the suit on the ground that Section 80, Civil P. C. has not been complied with, namely, the plaint did not contain a statement that a notice under Section 80, Civil P. C. has been served. Thereupon, Mr. Pal filed an application for amendment of the plaint by inserting a clause stating that notice under Section 80, Civil P. C. against the defendant acting through its officer has been issued and delivered to the defendant as prescribed under Section 80. Civil P. C. After hearing ob-jection, this amendment was allowed and the State was reauired to file additional written statement. The additional written statement was filed in the Court and thereafter the Second Appeal was again taken up for hearing.

( 4 ) MR. Patnaik Additional Government Advocate again takes the plea that infirmity of non-compliance of Section 80, Civil P. C. in that the notice is insufficient and is wanting in the material particulars required to be stated therein, despite the amendment of the plaint, still continues and accordingly the suit shall be dismissed.

( 5 ) SECTION 80, Civil P. C. has been held to be mandatory provision of law. The privy Council in the case of Bhagchand Dagdusa v. Secy. of State, 54 Ind App 338 = (AIR 1927 PC 176) laid down that the terms of Section 80 should be strictly complied with. That, however, does not mean that the terms of the notice should be scrutinised in pedantic manner or in a manner completely divorced from common sense. Dhain Singh v. Union of India, AIR 1958 SC 274. Dealing with this section of Civil P. C. the Supreme Court has laid in another case Beohar Rajendra sinha v. State of Madhya Pradesh, AIR 1969 SC 1256 : "section 80 Is no doubt imperative; failure to serve notice complying with the requirements of the statute will entail dismissal of the suit. But the notice must be reasonably construed. Any unimportant error or defect cannot be permitted to be treated as an excuse for defeating a just claim. In considering whether the provisions of the statute are complied with, the Court must take into account the following matters in each case (1) whether the name, description and residence of the plaintiff are given so as to enable the authorities to identify the person serving the notice; (2) whether the cause of action and the relief which the plaintiff claims are set but with sufficient particularity: (3) whether a notice in writing has been delivered to or left at the office of the appropriate authority mentioned in the section; and (4) whether the suit is instituted after the expiration of two months next after notice has been served, and the plaint contains a statement that such a notice has been so delivered or left. In construing the notice the Court Cannot ignore the object of the legislature, viz. to give to the Government or the public servant concerned an opportunity to reconsider its or his legal position. If on a reasonable reading of the notice the plaintiff is shown to have given the information which the statute requires him to give, any incidental defects or irregularities should be ignored. " The object of notice contemplated by Section 80, Civil P. C. is to give to the concerned government and public officers opportunity to reconsider the legal position and to make amendment or to settle the claim, if so advised without litigation. The legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the Go