Bihari Chowdhary v State of Bihar (1984)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

The plaintiff sued the State without serving the two-month notice required by s.80.

Issue.

Is the s.80 notice mandatory, so that a suit without it is not maintainable?

Held.

The notice under s.80 is mandatory; its object is to give the Government time to examine and settle the claim, and a suit filed without it must fail.

Why it matters.

The single most-cited authority on Government suits; it fixes s.80 as a condition precedent.

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