February 22, 2019
Case name: Gopal Singh v. Swaran Singh & ors.
In the case, the suit property was put to auction sale and the purchaser sold the land in violation of restriction imposed on transfer of the land. Consequently, order was passed for cancellation of auction sale and for allotment of the suit property in favour of the appellant. Aggrieved by the same, the Respondent instituted a suit whereby the State and it’s authorities were defendants.
The Appellate Court in the case dismissed the suit because no notice as required under Section 80 of the Code of Civil Procedure (Code) was given before filing the suit and no application was filed to dispense with the requirement of giving notice under Section 80(2).
Section 80 of the Code provides that no suit shall be instituted against the Government or against a Public Officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of 2 months next after notice in writing has been delivered.
The Two-Judge Bench of the Supreme Court has reiterated the settled law that a suit being against State and its authorities without notice under Section 80 of CPC is not maintainable.
The Bench further noted that there was nothing on record seeking leave from the Court for dispensing with issuance of notice as provided under Section 80(2) of the CPC.
The entire case can be accessed here.