GHANSHYAM DASS AND OTHERS versus DOMINION OF INDIA AND OTHERS

GHANSHYAM DASS AND OTHERS versus DOMINION OF INDIA AND OTHERS

A notice under section 80 CPC served by the deceased contractor before his death can enure to the benefit of his legal heirs; fresh notice is not required for suit by heirs, as long as requirements for cause of action and relief are fulfilled and government was sufficiently warned. Insistence on fresh notice would deny justice and defeat procedural law's purpose.

Parties
Appellants/plaintiffs: Ghanshyam Dass and Others; Respondents/defendants: Dominion of India and Others
Jurisdiction
India
Judgment Date
20 March 1984
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate; Appeal Against Allahabad High Court Judgment Dated 26.2.1965 Reversing Decree of Civil Judge, Agra Dated 25.8.1952
Outcome
Appeal allowed; judgment and decree of Allahabad High Court set aside; decree of Civil Judge, Agra restored.
Legal Topics
Notice Under Section 80 CPC, Substantial Compliance, Legal Heirs' Right to Sue, Escalation Clause in Contracts
Civil Procedure Government Contracts Notice Under Section 80 CPC Substantial Compliance Legal Heirs' Right to Sue Escalation Clause in Contracts

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Parties

Ghanshyam Dass and Others

Appellants/plaintiffs

Dominion of India and Others

Respondents/defendants

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate; Appeal Against Allahabad High Court Judgment Dated 26.2.1965 Reversing Decree of Civil Judge, Agra Dated 25.8.1952

Legal Issues

  1. 1 Whether a fresh notice under section 80 CPC is necessary when the original contractor served notice but died before suit; whether suit by legal heirs is maintainable without fresh notice under section 80 CPC

Ratio Decidendi

A notice under section 80 CPC served by the deceased contractor before his death can enure to the benefit of his legal heirs; fresh notice is not required for suit by heirs, as long as requirements for cause of action and relief are fulfilled and government was sufficiently warned. Insistence on fresh notice would deny justice and defeat procedural law's purpose.

Court Disposition

Appeal allowed; judgment and decree of Allahabad High Court set aside; decree of Civil Judge, Agra restored.

Orders

  • Plaintiffs entitled to sum decreed by Civil Judge, Agra.
  • Plaintiffs entitled to further interest at 6% per annum on decretal amount from August 25, 1952, date of civil judge's decree, till realization.