JUDGMENT

Desai, J. - The short question for decision in this revision is whether the notice given by the Plaintiff opposite party u/s 80, Code of Civil Procedure, to the Defendant applicant is invalid merely on the ground that it describes the number of the railway receipt as 460064 instead of 760064. The court below thought that this is a clerical error and did not invalidate the notice and decreed the suit in spite of objection of the applicant.

2. There are no authorities on the question whether a clerical error in a notice given u/s 80 CPC makes it invalid or not. I, therefore, have to decide the question without any assistance of authorities. u/s 80 no suit can be instituted against the Crown etc. unless a notice is given "stating the cause of action, the name, description and the place of residence of the Plaintiff and the relief which he claims". If the notice given by the Plaintiff in the present instance has stated the cause of action, even though it has given a wrong number of the receipt, Section 80 must be held to have been sufficiently complied with. If, on the other hand, the mistake in the number amounts to not stating the cause of action, it will have to be held that