Supreme Court of India

Bihari Chowdhary v State of Bihar

(1984) 2 SCC 62719841 min read
The case in brief30-second read
Facts
The plaintiffs sued the State without waiting for the period required after notice under S.80 CPC.
Issue
Whether the requirement of notice under S.80 CPC, and of waiting two months after it, is mandatory.
Held
S.80 is mandatory. A suit against the Government or a public officer cannot be instituted until two months after the written notice is delivered or left at the prescribed office, and the notice must state the cause of action, the plaintiff's name, description and residence and the relief claimed. A premature suit is not maintainable.
Principle
Notice under S.80 CPC is a mandatory precondition to a suit against the Government.
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Facts

  • The plaintiffs sued the State without waiting for the period required after notice under S.80 CPC.

Issue

  1. Whether the requirement of notice under S.80 CPC, and of waiting two months after it, is mandatory.

Held

  • S.80 is mandatory. A suit against the Government or a public officer cannot be instituted until two months after the written notice is delivered or left at the prescribed office, and the notice must state the cause of action, the plaintiff's name, description and residence and the relief claimed. A premature suit is not maintainable.

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Citation

Bihari Chowdhary v State of Bihar (1984) 2 SCC 627

Reported: https://indiankanoon.org/doc/764318/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.