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Supreme Court of India 2017-09-01 disposed

Sant Prasad vs Kausla Nand Sinha & Ors

Bench: 2 — Kurian

In Brief

The Supreme Court examined whether Section 80 of the Code of Civil Procedure (CPC), which requires notice before suing the State, was mandatory in this case. Although the Court acknowledged that Section 80 notice is generally required, it found the High Court's reliance on this procedural requirement unreasonable. The respondent/State had been allowed to join the case without raising objections at that time. The Court held that allowing the State to be impleaded and then dismissing the suit on procedural grounds was untenable. The appeal was disposed with directions allowing the appellant to file a fresh application before the High Court, which should consider the matter on merits without dismissing it for delay.

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Civil Procedure Code of Civil Procedure 1908

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