AI Overview...
-
Notice under Section 80 CPC - No relief claimed against the defendant/proforma defendant - When a suit involves no relief against a public officer or authority, service of prior notice under Section 80 CPC is generally not mandatory KESHAV RAJBHAR VS SUB REGISTRAR, DEV PRAYAG, TEHRI GARHWAL - Uttarakhand, Anil Pantati, S/o. Lt. Bihu Pantati VS Upen Kumar Saikia, S/o. Lt. Lakhi Prasad Saikia - Gauhati, Devi Singh VS Chairman, Managing Committee, DAV Public School Chitar Gupt Road - Himachal Pradesh, RAMBRAHMA CHABRI VS DOMINION OF INDIA AT PRESENT UNION OF INDIA (UOI) - Calcutta.
-
Proforma Defendant - Often included in suits for procedural or formal reasons, without being directly involved in the relief claimed - No substantive relief is sought against proforma defendants like municipal bodies or state entities, hence notice under Section 80 may not be necessary DEVI SINGH VS CHAIRMAN, MANAGING COMMITTEE, DAV PUBLIC SCHOOL CHITAR GUPT ROAD, NEW DELHI - Himachal Pradesh, Ingudam Lukhoi Singh VS Ingudam Tomba Singh and Ors. - Gauhati, Devi Singh VS Chairman, Managing Committee, DAV Public School Chitar Gupt Road - Himachal Pradesh, Usha Chand VS Uday Singh - Patna.
-
Relief Claimed and Effect on Notice Requirement - The core criterion for requiring notice under Section 80 is whether the plaintiff seeks relief against the public authority or officer - Absence of relief claims against such entities renders prior notice unnecessary KESHAV RAJBHAR VS SUB REGISTRAR, DEV PRAYAG, TEHRI GARHWAL - Uttarakhand, Anil Pantati, S/o. Lt. Bihu Pantati VS Upen Kumar Saikia, S/o. Lt. Lakhi Prasad Saikia - Gauhati, Devi Singh VS Chairman, Managing Committee, DAV Public School Chitar Gupt Road - Himachal Pradesh.
-
Legal Precedents - Courts have consistently held that if no relief is claimed against a public body or officer, the mandatory notice under Section 80 CPC is not applicable, and suits can proceed without such notice Devi Singh VS Chairman, Managing Committee, DAV Public School Chitar Gupt Road - Himachal Pradesh, Anil Pantati, S/o. Lt. Bihu Pantati VS Upen Kumar Saikia, S/o. Lt. Lakhi Prasad Saikia - Gauhati, RAMBRAHMA CHABRI VS DOMINION OF INDIA AT PRESENT UNION OF INDIA (UOI) - Calcutta.
Analysis and Conclusion: In cases where the plaintiff's suit does not seek any relief against a public officer or authority (including state or municipal bodies), service of notice under Section 80 CPC is generally not required. The inclusion of a defendant as a proforma party further supports this, as such defendants are not directly involved in the relief sought. Therefore, the notice requirement is contingent upon the relief claimed against the public entity; if none is claimed, the notice under Section 80 can be dispensed with, streamlining the litigation process.
Search Results for "Notice under Section 80 Proforma Defendant no Relief Claimed"
2009 0 Supreme(HP) 1065 • India - Himachal Pradesh
DEEPAK GUPTA
Criminal Procedure Code-Section 100 and Order 1 Rule 8 - Regular Second Appeal - Appellants filed the appeal against the judgment ... Criminal Procedure Code -Section 100 and Order -1, Rule-8 - Regular Second Appeal- - Representative capacity - Grounds of appeal ... Criminal Procedure Code -Section 100 and, Order -1, Rule -8 - Regular Second Appeal- Appeal- Encroachment of land - Involving the ... The State was only a proforma defendant in the suit and the plaintiffs had only prayed that the d....
2001 0 Supreme(HP) 91 • India - Himachal Pradesh
R.L.KHURANA
The court also found that the plaintiff was not estopped from filing the suit and that the absence of notice to a party would not ... Undertaking - Recovery of Rescue Operation Cost - Companies Act, 1956 - Section 65 and 70 of the Contract Act, 1872 - The court ... An accident occurred, and the defendant failed to rescue the passengers. ... No relief has been claimed against defendant No. 2. Admittedly, no notice under Section 80, C....
2014 0 Supreme(UK) 59 • India - Uttarakhand
ALOK SINGH
present case, since no effective relief is sought against the defendant — Therefore, no need to serve prior Notice u/s 80, C.P.C ... Civil Procedure Code, 1908, Sec. 80 — Notice under — Requirement of — Held that notice u/s 80, C.P.C. is required to be served only ... when action/omission of any public officer or State Government is under challenge and relief is sought against the public officer ... Perusal of the plaint reveals tha....
2009 0 Supreme(HP) 1066 • India - Himachal Pradesh
DEEPAK GUPTA
under Section 80 CPC to the State, as no relief was claimed against the State. ... , as no relief was claimed against the State. ... State, as no relief was claimed against the State. ... The suit could not have been dismissed only on the ground that no notice under Section 80 CPC has been issued to the State. ... 4.In this suit the plaintiffs have not claimed any rel....
1999 0 Supreme(Gau) 177 • India - Gauhati
P.C.PHUKAN
In fact, in the plaint also Imphal Municipality has been made only a proforma defendant. ... MANIPUR MUNICIPALITIES ACT, 1976 - SECTION 196 - NOTICE TO MUNICIPALITY - SUIT AGAINST MUNICIPALITY - MAINTAINABILITY - NOTICE ... given for the benefit of the Municipality (proforma defendant No. 9 Imphal Municipality) and not for the benefit of any other defendants ... Needless to say that a notice under section 196 of th....
2018 0 Supreme(Raj) 1388 • India - Rajasthan
ARUN BHANSALI
Civil procedure code - 1908 - Section 143 - Rule 11 - Order VII - Written Statement - claimed - Trial ... claimed plaint essentially did not pertain to defendant and they were merely parties even otherwise provisions have application ... conclusion that permission regard was granted this Court and thereafter the suit has been registered - Court was also opinion that as relief ... From the averments made in the plaint, specifically para 7 as well as relief claimed....
2022 0 Supreme(Gau) 729 • India - Gauhati
ARUN DEV CHOUDHURY
- Non-adherence of Section 80 of the CPC before filing the suit – A notice under Section 80 (1) of the CPC ... is a mandatory requirement before institution of a suit against a public officer - Notice under Section 80 was not at all necessary ... alleges that the principal defendant Nos. 1 to 16 are trying to take away. ... Therefore, when a suit is filed against public officer without any relief being #HL_START....
1957 0 Supreme(Cal) 181 • India - Calcutta
RENUPADA MUKHERJEE
Finding of the Court: The High Court held that the notice under Section 80 of the Code was a good and valid notice, ... Section 80 of the Code. ... Issues: Whether the notice under Section 80 of the Code of Civil Procedure was a good and valid notice, despite the misdescription ... Can it, however, be said in the present case that the relief actually claimed in the suit was di....
2025 Supreme(Online)(Ker) 53009 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
... ... Issues: Whether the notice under Section 249 of the KPR Act is mandatory when no relief is claimed against the Panchayat? ... the notice requirement under Section 249 does not apply. ... is claimed. ... No relief whatsoever is claimed against the Panchayat or its officers. Once impleaded, the Panchayat will be on the array of parties in the suit as proforma defendant. ... When no #HL_STAR....
2019 0 Supreme(Pat) 1996 • India - Patna
S. KUMAR
as their right and interest are common and mutual and as such no relief is claimed against proforma defendant and if any relief ... enure to benefit of proforma defendant also. ... and if plaintiff fails proforma defendant also fails – There is no conflict of interest between plaintiff and proforma defendant ... There is no conflict of interest between plaintiff and proforma #HL_....
Filter by Legal Phrase
