Case Summary : Bihari Chowdhary Vs. State of Bihar

CASE NAME : BIHARI CHOWDHARY VS. STATE OF BIHAR

AUTHOR : PARUL (UPES, DEHRADUN)

CITATION

1984 (2) SCC 627

BENCH

1.    JUSTICE A.P. SEN

2.    JUSTICE BALAKRISHNA ERADI

INTRODUCTION

The present case deals with the section 80 of Code of Civil Procedure 1908, which talks about Suit against government. Institution of suit can be done after expiry of statutory period of two months after notice has been delivered. Also, if language of the statute is unclear and ambiguous then it is the duty of court to give effect to statute as it thinks fit.

FACTS

The appellants filed a suit for the declaration for the declaration of title and delivery of possession of some immoveable property. Respondent no 1 was the state government. Under section 80 of CPC, plaintiff prior to thee institution issued notice to the respondent but did not wait for the expiry of statutory period of 2 months and instituted the suit. State contended that the suit was not maintainable as there was no proper notice under section 80 of CPC. The trial court dismissed the suit. First appellate court confirmed the order. High court dismissed the second appeal preferred by the appellants.

ISSUES AND FACTS OF LAW

1. Whether the claim in the suit is just and reasonable.
2. Whether the contemplated suit should be avoided by speedy negotiations and settlements.

JUDGEMENT

The judgement and decree of High court was confirmed by the court and dismissed the appeal and also the parties were asked to bear the respective costs in the appeal

ANALYSIS

It is taken as settled law that the suit against the government or any public officer against whom there is a requirement of prior notice under section 80 of CPC, it cannot be valid to institute until the expiry of the statutory period of 2 months after the notice is delivered to the concerned authorities and if the suit if instituted before the said period then it has to be dismissed as it is not maintainable.