In Brief
This appeal concerns whether notice under Section 80 of the Code of Civil Procedure (C.P.C.) is mandatory before suing the State. The High Court had held that such notice is required, but overlooked that the State had been allowed to join the case without raising any objection at the time. The Supreme Court held that while notice under Section 80 C.P.C. is generally necessary, it cannot be a bar when the State party has already been impleaded without protest. The appeal was disposed with directions allowing the appellant to file a fresh application before the High Court, which should consider the case on merits without dismissing it on grounds of delay alone."
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