CPC Case Brief – State of AP v. Pioneer Builders

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FACTS: Plaintiff here is private contractor and defendant is government The plaintiff had filed an application for dispensing of the notice under section 80 of C.P.C in Trial Court.    The Trial court ordered the relief to the plaintiff without notice to the defendant under Section 80(2). The said order has been challenged by the defendants contending that there was no notice served and alleged that the case does not fall under subsection 2.

ISSUE: Whether or not the suit filed by the plaintiff was maintainable because of the alleged non-compliance with the provision of section 80 C.P.C?

RATIO:

  • From a joint reading of sub-sections (1) and (2) of Section 80, the legislative intent is clear, service of notice under sub-section (1) is necessary with the exception of where urgent and immediate relief is to be granted by the Court, in such cases a suit against the Government or a public officer may be instituted, yet with the leave of the Court.
  • Leave of the Court is a condition precedent. Such leave must be taken before the institution of a suit without serving notice. This restriction on the exercise of power by the Court has been imposed, so, the Court cannot grant relief, whether between interim or otherwise, with the exception of after giving the Government or a public officer a reasonable opportunity of showing cause in respect of relief prayed for in the suit.

Holding:

  • In its reply, the defendant had not raised any objection to the urgent and immediate relief contended by the plaintiff. So, the court found that the defendant has waived off his right to raise an objection.
  • So, the court is of the opinion that the order passed by the subordinate judge was not beyond his jurisdiction and the matter should not be remanded back to the Subordinate Judge for reconsideration.

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