If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

The Orissa High Court addressed the maintainability of a suit prior to a notice being served under Section 80 of the Civil Procedure Code (CPC). The Court ruled that a suit filed without complying with the mandatory notice requirement under Section 80 was not maintainable. This provision requires a notice to be served to the government or its agencies before filing a suit against them. The Court’s ruling underscores the importance of procedural compliance in civil suits involving the government, ensuring that legal procedures are followed to maintain the legitimacy of the suit.