Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit againt Government CPC S 80 Notice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Punjab Excise Act, 1914 (1 of 1914) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit against Government-Notice-Plaint not conforming to Civil Procedure-Maintainability-Punjab Excise Act (Punjab Act I of 1914), S. 40-Code of civil procedure (Act v. of 1908), s. 80. The appellant who obtained a monoply vend-licence for the retail sale of country-liquor, served during the subsistance of the license a notice under S. 80 of the Civil Procedure Code on the Government claiming damages for the alleged breach of certain stipulations. Thereafter the Excise Authorities suspended the license and themselves took over the management of the vend shops and instituted proceedings for the recovery of the monthly instalments due from the appellant . The appellant filed a suit for a permanent injunction against the State to restrain it from realising the balance of the license fees. That suit was withdrawn and the present suit was instituted claiming damages on various counts including damages consequent upon the suspension of the license. The Lower Court dismissed the suit for want of a proper notice under s. 80 of the Civil Procedure Code and also as barred by s. 40 of the Punjab Excise Act. It also however, recorded its findings on the merits. The High Court confirmed the dismissal of the suit but reversed the finding on one of the items of the claim. It was contended in this Court that the notice under s. 80 was proper and that the suit was maintainable.Held, that if the first suit following the issue of a notice under s. 80 against the Government was withdrawn and a second suit filed, if the notice satisfied the requirements of law in respect of the second suit there was no necessity for a further notice before filing the subsequent suit. The notice should be construed not pedantically but in the light of common sense without being hypercritical about the language but as the purpose of the notice is to convey substantial information-relative to the claim on the basis of which the recipient of the notice can consider the claim of the would-be plaintiff with a view to avert the suit, if possible, the: notice in the present case did not serve that purpose.Held, further, that the plaint was at variance with the notice and claimed reliefs based on a cause of action arising subsequent to the notice and so even on a literal reading of s. 80 of the Civil Procedure Code, it could not be said that there had been compliance with it. Held, also, that as regards the claim for the refund of the advance deposit, the suit did not lie as it was barred by r;. 40 of the Punjab Excise Act, of 1914. |
Judge | Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1962 INSC 132 |
Petitioner | Amar Nath Dogra |
Respondent | Union Of India |
SCR | [1963] 1 S.C.R. 657 |
Judgement Date | 1962-04-10 |
Case Number | 417 |
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