Detained wrongfully. He claimed damage of Rs.55 Lakhs. Notice under Sec 80 of CPC- Supreme Court

Detained wrongfully. He claimed damage of Rs.55 Lakhs. Notice under Sec 80 of CPC- Supreme Court

If a person is wrongfully detained, a person is entitled to claim damage to his reputation etc.

But before filing such suit notice under Sec. 80 of Civil Procedure must be given.

In urgent suits, suit against govt can be filed without issuing notice under Sec.80 of CPC by filing an application for waiver of such notice. Then decision of maintainability of suit depends on decision of this application.

So unless there is urgency, notice under Sec.80 of CPC is must before filing any suit against govt. 

2013(11) SCALE 107 Kerala case. 

Haresh Raichura
21/9/13