S. N. DUTT versus UNION OF INDIA

S. N. DUTT versus UNION OF INDIA

A valid notice under s. 80 of the Code of Civil Procedure must be given in the name of the person who will file the suit; issuing notice in the business name or style is insufficient when the suit itself cannot be filed in that name. Defect in the notice regarding the name of the plaintiff is fatal and must be viewed strictly; hence, the suit was rightly dismissed.

Parties
Appellant: S. N. Dutt; Appellant: Sadhu Singh; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 March 1961
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment and Decree
Outcome
Appeal dismissed
Legal Topics
Notice Under S. 80 Code of Civil Procedure, Defect in Notice Regarding Plaintiff's Name, Suits Against Government
Civil Procedure Notice Under S. 80 Code of Civil Procedure Defect in Notice Regarding Plaintiff's Name Suits Against Government

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S. N. Dutt

Appellant

Sadhu Singh

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment and Decree

Legal Issues

  1. 1 Whether a notice under s. 80 of the Code of Civil Procedure, issued in the name of 'S. N. Dutt & Co.' instead of the sole proprietor S. N. Dutt, is valid and sufficient for instituting a suit against the Union of India

Ratio Decidendi

A valid notice under s. 80 of the Code of Civil Procedure must be given in the name of the person who will file the suit; issuing notice in the business name or style is insufficient when the suit itself cannot be filed in that name. Defect in the notice regarding the name of the plaintiff is fatal and must be viewed strictly; hence, the suit was rightly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Suit rightly dismissed as notices under s. 80 were defective
  • Appellant to pay costs