AIR 2018 (NOC) 721 (ALL) ::2018 (2) ALJ 339

Allahabad High Court

Hon'ble Judge(s): Sudhir Agarwal, Ravindra Nath Mishra-ii , JJ

Civil P.C. (5 of 1908) , S.80(1), S.80(2)— Suit against Government - Service of notice - Mandatory - Leave of Court is condition precedent for claiming relaxation from same in cases where urgent and immediate relief is to be granted - Suit wherein there is no pleading that leave may be granted to case - Not maintainable without service of notice. Service of notice under S.80 is condition precedent for institution of suit against Government or Public Officer. From conjoint reading of sub-sections (1) and (2) of S. 80, Legislative intent is clear, namely, service of notice under sub-section (1) is imperative except where urgent and immediate relief is to be granted by Court. In such case, suit against the Government or a Public Officer may be instituted without notice , but with leave of Court. Leave of Court is thus condition precedent. Such leave must precede institution of a suit without serving notice. Even though S. 80(2) does not specify how leave is to be sought for or given yet order granting leave must indicate ground pleaded and application of mind thereon. A restriction on exercise of power by Court has been imposed, whereby Court cannot grant relief, whether interim or otherwise, except after giving Government or a Public Officer a reasonable opportunity of showing cause in respect to relief prayed for in the suit. In instant case ne....