AIR 1959 PUNJAB 413 ::61 Pun LR 455 ::ILR (1959) Punj 1656

Punjab High Court

Hon'ble Judge(s): I. D. Dua , J

Civil P.C. (5 of 1908) , S.80, O.21 R.63— Notice u/S.80 - Object and nature of - Suit under O.213 R.63, against Collector - Omission to give notice - Effect. AIR 1939 Nag 232, Not foll. The object of giving a notice under Sec. 80 of the Code of Civil Procedure is to afford to the Government or the public officer concerned an opportunity to reconsider the position with regard to the claim made and if so advised, either to settle it or otherwise to make amends without recourse to the courts. The terms of the Section are undoubtedly imperative but at the same time it has to be borne in mind that this Section only provides a mode of procedure for getting the relief in respect of a cause of action. It is a part of the machinery for obtaining legal rights, i.e., machinery as distinguished from its products. It does not define the rights of parties or confer any rights on them. As this is the legal position with respect to Section 80 and as a suit under O. 21, R. 63, is merely a continuation of the proceedings initiated under Order 21, R. 58, Civil P.C. the Collector who is a party to those proceedings has full notice of the plaintiff's claim, and the penal consequences imposed by the omission to give notice under the above Section are not attracted. AIR 1955 Pat 404 and AIR 1951 SC 253, Rel. on; AIR 1939 Nag 232, Not foll.(Para 5) ....