HC expounds: Suit Instituted against the Private Persons cannot be dismissed For Non-Compliance of Section 80 C.P.C Notice 

June 28,2018:

Kerala HC expounded that,"'The suit instituted as against private persons cannot be dismissed under Section 80 Code of Civil Procedure even if the cause of action against such persons and the person who would come under purview of Section 80 C.P.C. is one and the same.

HC Judge, Justice P Somarajan, made the above stated observations in a plea challenging lower court order and added that embargo under Section 80 CPC has no application in the matter of a suit instituted against a private person.

Lower Court had dismissed the suit in entirety as against all defendants citing the non-compliance of mandate under Section 80 although First defendant was a private person.

Kerala HC Bench expounded that,“If a suit is found to be bad under Section 80 C.P.C., it would operate only against such Public Officer, the State Government or the Central Government, as the case may be. It is neither permissible nor advisable to dismiss the whole suit which was filed both against private persons and the persons who would come under the purview of Section 80 C.P.C. (Central Government, State Government or a Public Officer in his official capacity).

HC Bench further added that,"Suit instituted as against the Private persons cannot be dismissed under Section 80 C.P.C. even if the cause of action against such persons and the person who would come under the purview of Section 80 C.P.C. is one and the same".

Justice Somarajan enunciated that,“Requirement under Section 80 C.P.C. being precautionary in nature, a pedantic approach should be avoided. It is neither intended to defeat nor to delay any valuable right".

HC expounded that,"Section is not intended to defeat or adjourn the grant of any relief or in agitating any dispute permissible under Section 9 C.P.C. against any private person. The embargo under Section 80 C.P.C would be available only to the Central Government, the State Government or to a Public Officer in respect of any act purporting to be done by such Public Officer in his official capacity.”

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