AI Overview...
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Proforma Defendant in Civil Litigation - Even if the government is made a proforma defendant, provisions of Section 80 of the Civil Procedure Code (CPC) must be followed. Section 80 mandates prior notice to the government before filing suit against it, and the government, even as a proforma defendant, cannot be excluded from this requirement. No relief can be sought against a proforma defendant without adhering to Section 80 procedures Ramcharan Mahto VS Custodian Of Evacuee Property - Patna.
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Section 80 Compliance - The case law emphasizes that the presence of the government as a proforma defendant does not exempt the plaintiff from following Section 80. Proper notice must be issued, and the government’s rights and defenses preserved. Ignoring this procedural requirement can lead to the suit being dismissed or the government being exonerated from liability Ramcharan Mahto VS Custodian Of Evacuee Property - Patna.
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Main Points and Insights:
- Even if the government is added as a proforma defendant, Section 80 CPC procedures are mandatory.
- Proper notice must be served to the government before initiating suit.
- Failure to comply with Section 80 can result in the suit being dismissed or the government being exonerated.
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The legal principle applies regardless of whether the government is an active or proforma defendant, ensuring procedural fairness and adherence to statutory requirements Ramcharan Mahto VS Custodian Of Evacuee Property - Patna.
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Analysis and Conclusion: The legal framework clearly mandates that Section 80 CPC procedures are applicable even when the government is made a proforma defendant. This ensures that the government’s rights are protected and that the suit is initiated following due process. Courts have consistently upheld that non-compliance with Section 80 leads to procedural invalidity, and the suit against the government, even as a proforma defendant, must follow these provisions Ramcharan Mahto VS Custodian Of Evacuee Property - Patna.
References: - Indian Civil Procedure Code, Section 80 - Procedural requirement for notice to government before suit. - Case law emphasizing compliance with Section 80 irrespective of the government’s role as a proforma defendant Ramcharan Mahto VS Custodian Of Evacuee Property - Patna.
Search Results for "Even if Government is Made Proforma Defendant Provision of Section 80 2 Cpc has to be Followed"
2007 0 Supreme(All) 222 • India - Allahabad
JAGDISH BHALLA, DHARAM VEER SHARMA
[Indian Succession Act, 1925—Section 2, Clause (h)—Oudh Estates Act, 1869—Section 13(A)]. ... balance of convenience and irreparable injury—As Testator of Will was Tallukedar—And, his estate was governed by Oudh Estates Act, Section ... 13-A provides that registration of a Will is mandatory—Provisions of Indian Succession Act, 1925, have no overriding effect over ... Consequently no notice should have been given to a proforma defendant against whom no relief was sough....
2021 0 Supreme(HP) 498 • India - Himachal Pradesh
VIVEK SINGH THAKUR
In the light of provision of law discussed herein-above, there is nothing on record to establish that plaintiff and proforma defendants ... CIVIL PROCEDURE CODE, 1908 - Order 41 Rule 27 - Application for additional evidence - Rejection - Tenancy Act, 1972 - Section ... However, despite that, defendant/State has initiated ejectment proceedings against plaintiff and proforma-defendants which are pending ... Otherwise also, even as a t....
2019 0 Supreme(HP) 711 • India - Himachal Pradesh
SURESHWAR THAKUR
of Section 4 of the Act. ... of Section 4 of the Act. ... lease - Land Dispute - Himachal Pradesh Village Common Lands Vesting and Utilization Act - Section 4 - The court discussed the ... It is further averred that the defendants never took any steps nor followed mandatory provisions of Sections 3 and 4 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act (for short "the Act") and rules framed thereunder wherein it is clearly mandated in #HL_START....
1963 0 Supreme(Pat) 66 • India - Patna
TARKESHWAR NATH, H.MAHAPATRA
Section 80. ... with the provisions of Section 80, and he must be directed to be expugned from the action. ... of Section 80? ... It was after that, that defendant No. 1, at first, asked for amendment of his written statement to raise the bar against the suit with reference to Section 80, Civil Procedure Code. This was on the 20th of July, followed by a similar prayer of #HL_STAR....
1981 0 Supreme(Cal) 228 • India - Calcutta
B.N.Maitra
JALKAR RIGHTS - TENURE - ACT SECTION LIST - [SECTION 6(2), SECTION 6(5), SECTION 107, RULE 4A] - THIS SUIT RELATES TO THE DISPUTE ... OWNERS OF THE TANK BECAUSE THE PROFORMA DEFENDANTS WERE NOT CO-PLAINTIFFS. ... WHETHER THE PLAINTIFFS WERE ENTITLED TO A DECLARATION THAT THEY AND THE PROFORMA DEFENDANTS WERE THE 16 ANNAS OWNERS OF THE TANK? ... THE proforma defendant nos. 5 to 11 and 20 are the re....
1980 0 Supreme(Mad) 91 • India - Madras
RATNAVEL PANDIAN, VENUGOPAL
Code of Civil Procedure, 1908-Order 22, Rule 4 (4)-Death of party having no interest in litigation during pendency of appeal-L. ... It is beyond the purview of the court to omit the said word from the section for the purpose of giving effect to the provision of S.13 (2). If section 13 (2) could be applied, there would not have been any difficulty. ... The court-fee due to Government was directed to be paid by the first defendant. ... 7. ... As regard....
2014 0 Supreme(HP) 833 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
The plaintiffs and proforma defendants claimed exclusive ownership of the property at Mauja Pateog and co-ownership of the property ... The defendants contested the suit, denying the family settlement and claiming joint possession of the entire suit property. ... Het Ram had son proforma defendant No.7 Anokhi Ram and Mohi Ram, plaintiff, Jagat Ram had widow Mathi, Mast Ram had sons Mehar Singh, defendant No.1 and Dharam Singh Defendant No.2, Vidya De....
1997 0 Supreme(Del) 790 • India - Delhi
B.K.RAMAMOORTHY
The plaintiff, a successful bidder for the provision of telephone services, filed suit against the defendant, the Department of ... Fact of the Case: The plaintiff, a successful bidder for the provision of telephone services, filed suit against the ... defendant, the Department of Telecommunications (DOT), seeking a declaration that the invocation of the earnest money bank guarantees ... Section 80, Civil Procedure Code reads as under: ... "80. (1)....
1996 0 Supreme(Cal) 383 • India - Calcutta
BASUDEVA PANIGRAHI
The defendant No.1 was the father of the plaintiff No.1 and proforma defendant No.4. ... The defendant No. 4 expressed his inclination to marry for the second time even during the presence of his first wife, sons and daughter ... Notwithstanding such amalgamation of the area with the province of Bengal they followed rites and ceremony under Mitakshara Law. ... Notwithstanding such amalgamation of the area with the province of Bengal they followed rites and ceremony un....
1963 0 Supreme(AP) 32 • India - Andhra Pradesh
P.CHANDRA REDDY, VENKATESAM
Finding of the Court: The court found that the defendant is liable for the loss of the consignment by fire, on the ... Goods Forwarding Note No. 21, and G/283749, Invoice No. 2, Goods Forwarding Note No. 22, for the sums of Rs. 205-2-0 and Rs. 181- ... The goods were loaded in good condition, and the Railway Receipts were made in the owners risk note form, as is customary in regard ... Even where the Government was only a proforma defendant, it was....
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