State Can't Pray To Non-Suit A Party For Not Complying With Section 80 CPC If It Waived The Requirement In Written Statement: MP High Court

The bench comprising Justice G.S. Ahluwalia observed that even though the provision under Section 80 CPC is mandatory, it can be waived by the Authority concerned-

Thus, it is clear that the basic purpose of the notice under Section 80 of CPC is to give an opportunity to the State and its functionaries to resolve the dispute thereby saving the valuable time and money of the State. However, it is a procedural law. Although, provision of Section 80 of CPC is mandatory but it can be waived by the defendants. If the written statement filed by the defendants is considered, then it is clear that no objection was raised before the Trial Court. Even, the said objection has been raised for the first time during the course of arguments only. …Since the requirement of Section 80 of CPC can be waived by the defendants and by not having raised the same in the written statement, this Court is of the considered opinion that once the defendants have waived the requirement of Section 80 of CPC, the respondents cannot be non-suited on the ground of premature nature of suit.

Facts of the case were that the Respondents/Plaintiffs had filed a suit against the authorities seeking damages and permanent injunction. The suit was dismissed by the trial court. The Plaintiffs/Appellant preferred an appeal against the said dismissal which was allowed. Aggrieved, the Appellants/Defendants moved the Court.

One of the main contentions raised by the Appellant/State was that the Plaintiffs had filed their suit before the expiry of two months from the date of service of notice under Section 80 CPC and therefore, the suit was premature.

Addressing the assertion made by the Appellant/State, the Court observed that while the provision under Section 80 CPC is mandatory, it can be waived by not objecting to the same in the written statement. Once the Defendant waives the said requirement, it cannot thereafter object to non-compliance at a later stage. Noting that the State had not raised any objection regarding the non-compliance of Section 80 CPC in their written statements, the Court observed that it could not entertain the said contention raised by the State at the stage of appeal.

With the aforesaid observations, the Court held that the appeal was sans merit and accordingly, the same was dismissed.

Case Title: Managing Director Corporation Lamta Project Balaghat v. Bhejnalal (since deceased) & Ors.

Citation: 2023 LiveLaw (MP) 35