BIHARI CHOWDHARY & ANR. versus STATE OF BIHAR & ORS.

BIHARI CHOWDHARY & ANR. versus STATE OF BIHAR & ORS.

A suit filed before the expiry of two months from the date of delivery of notice under section 80 CPC is not maintainable and must be dismissed; this requirement is mandatory and admits no exceptions.

Parties
Appellant: Bihari Chowdhary & Anr.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
26 March 1984
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave
Outcome
Appeal dismissed.
Legal Topics
Section 80 CPC, Notice Requirement, Suits Against Government, Statutory Interpretation
Civil Procedure Section 80 CPC Notice Requirement Suits Against Government Statutory Interpretation

Case Brief

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Parties

Bihari Chowdhary & Anr.

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Whether a suit against the Government is maintainable if instituted before the expiration of the statutory two-month notice period under Section 80 of the Code of Civil Procedure 1908.

Ratio Decidendi

A suit filed before the expiry of two months from the date of delivery of notice under section 80 CPC is not maintainable and must be dismissed; this requirement is mandatory and admits no exceptions.

Court Disposition

Appeal dismissed.

Orders

  • Judgment and decree of the High Court confirmed.
  • The parties will bear their respective costs in this appeal.