Case Note & Summary
The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint in Special Civil Suit No. 8 of 2003. The applicants, who are trustees of Shri Samarth Seva Mandal, a trust registered under the Bombay Public Trusts Act, 1950, filed a suit against the respondents, including another trust and its trustees, seeking certain reliefs. The trial court rejected the plaint on the ground that the suit was not maintainable as no notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) was served upon the defendants before filing the suit. The applicants challenged this order before the High Court. The High Court examined the provisions of Section 80 CPC, which mandates that no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of two months next after notice in writing has been delivered. The court noted that the defendant trust is a public trust and its trustees are public officers within the meaning of Section 80 CPC. The court held that the requirement of notice under Section 80 CPC is mandatory and the plaint does not disclose that any such notice was served. Consequently, the plaint was rightly rejected under Order 7 Rule 11 CPC. The High Court dismissed the civil revision application, upholding the trial court's order.
Headnote
A) Civil Procedure Code - Section 80 CPC - Notice to Government/Public Officer - Mandatory Notice - Suit against a public trust without serving notice under Section 80 CPC is not maintainable - The court held that the requirement of notice under Section 80 CPC is mandatory and cannot be waived - Plaint liable to be rejected under Order 7 Rule 11 CPC for non-compliance (Paras 5-10). B) Civil Procedure Code - Order 7 Rule 11 CPC - Rejection of Plaint - Non-compliance with statutory notice - Where the plaint does not disclose that notice under Section 80 CPC was served, the plaint must be rejected - The court upheld the trial court's order rejecting the plaint as the suit was filed without the requisite notice (Paras 8-12).
Issue of Consideration
Whether the suit filed against a public trust without serving notice under Section 80 of the Code of Civil Procedure, 1908 is maintainable and whether the plaint is liable to be rejected under Order 7 Rule 11 CPC.
Final Decision
The High Court dismissed the civil revision application, upholding the trial court's order rejecting the plaint.
Law Points
- Section 80 CPC mandatory notice
- Order 7 Rule 11 CPC rejection of plaint
- maintainability of suit against public trust
- Bombay Public Trusts Act 1950
