Y. SAVARIMUTHUversusSTATE OF TAMIL NADU & ORS.

                          [2019] 7 S.C.R. 947                              947


                         Y. SAVARIMUTHU                                    A
                                   v.
                 STATE OF TAMIL NADU & ORS.
                (Civil Appeal Nos. 4495-4496 of 2019)
                           APRIL 30, 2019                                  B
         [R. F. NARIMAN AND VINEET SARAN, JJ.]
       Code of Civil Procedure, 1908 – s.80 – Notice – Appellant-
Government Contractor and respondent-State entered into an
agreement for strengthening the two-line pavement of NH7 – Dispute
arose between the parties – Superintending Engineer partially              C
terminated the contract on the ground that the appellant had not
shown progress in the project – Writ petition filed by the appellant
was dismissed – Writ appeal was also dismissed – Appellant had
issued a legal notice dated 14.01.2000 and two letters on different
dates to the respondents prior to the disposal of the writ appeal –
After dismissal of the writ appeal, the appellant filed a civil suit       D
against the respondents – Trial Court found substantial compliance
of s.80 CPC – However, the High Court found that provisions of s.
80 CPC were not complied with – In appeal, the State contended
that no notice was issued u/s. 80 CPC for the reason that none of
the three notices/letters of the appellant had stated that they were u/    E
s. 80 CPC – Held: The notice was duly served upon the authorities
– Cause of Action was sufficiently set out in the said notice, which
was the illegality of the partial termination of the contract – A notice
does not have to state the section under which it is made so long as
the ingredients of sub-section (3) of s.80 are met – It is admitted
that there was no need for any legal notice before filing the writ         F
appeal – The notice, therefore, that was sent on 14.01.2000, was
only u/s. 80 CPC in the event the writ appeal failed and a suit would
have to be filed – The judgment of the trial Court was correct –
Thus, impugned judgment of the High Court set aside and matter
remitted back to the High Court to dispose of appeals on merits.           G
      Disposing of the appeals, the Court
      HELD: 1. On a perusal of the notice dated 14.01.2000, it is
clear that this is a legal notice sent by a lawyer of the appellant to
the authorities concerned. It is not disputed that it was by
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948            SUPREME COURT REPORTS                       [2019] 7 S.C.R.


A     registered A.D. and served upon the authorities. There is also
      no dispute that the cause of action is sufficiently set out in the
      said notice, which is the illegality of the partial termination of the
      contract on 16.12.1999. It was also made clear that though a
      Writ Appeal at that point of time was going to be filed against the
      Writ Petition dismissal, yet this would be a notice to take
B
      “appropriate legal action” against the State. There is no doubt,
      whatsoever, that more than two months have elapsed from the
      date of this notice, after which the Suit has been filed. In fact, the
      Suit was filed long after, on 12.09.2002. Quite apart from this, on
      29.01.2000 also, the letter of the appellant made it clear to the
C     Divisional Engineer that not only is the partial termination bad in
      law but that the payments due for work would have to be made.
      [Para 15] [960-E-G]
             2. It is clear, therefore, that there is sufficient compliance
      with the provisions of Section 80 CPC as has been introduced by
D     the Amendment Act introducing section 80(3) into the Statute
      book. The respondents’ argument that section 80 is not expressly
      referred to and that the legal notice and letters were written prior
      to the disposal of the Writ Appeal have no legs to stand on. This
      is for the reason that a notice does not have to state the section
      under which it is made so long as the ingredients of sub-section
E     (3) of section 80 are met. It is admitted that there was no need
      for any legal notice before filing the Writ Appeal. The notice,
      therefore, that was sent on 14.01.2000, was only under Section
      80 CPC in the event the Writ Appeal failed and a Suit would have
      to be filed. [Para 16] [960-H; 961-A-C]
F           Dhian Singh Sobha Singh & Another v. Union of India
            [1958] SCR 781 ; Vithalbhai (P) Ltd. v. Union Bank of
            India (2005) 4 SCC 315 : [2005] 2 SCR 680 ;
            Ghanshyam Dass and Others v. Dominion of India and
            Others (1984) 3 SCC 46 : [1984] 3 SCR 229 ; State of
G           A.P. and Others v. Pioneer Builders, A.P. (2006) 12 SCC
            119 : [2006] 6 Suppl. SCR 571 – relied on.
                             Case Law Reference
      [1958] SCR 781                  relied on               Para 11
      [2005] 2 SCR 680                relied on               Para 12
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     Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                              949


[1984] 3 SCR 229                   relied on                 Para 13           A
[2006] 6 Suppl. SCR 571            relied on                 Para 14
      CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4495-
4496 of 2019.
     From the Judgment and Order dated 17.06.2015 of the Madurai               B
Bench of Madras High Court in A.S. (MD) No. 141 of 2007 and Cross
Appeal (MD) No. 56 of 2009.
      Dr. A. Rajeev B. Masodkar, Ms. Anuradha Mutatkar, Advs. for
the Appellant.
     Kishor Lambat, M/s. Lambat And Associates, Advs. for the                  C
Respondents.
      The Judgment of the Court was delivered by
      R. F. NARIMAN, J. 1. Leave granted.
       2. The present appeals relate to whether a notice under Section         D
80 of the Code of Civil Procedure (CPC) has been given to the State of
Tamil Nadu in terms of the Section or in substantial compliance thereof.
       3. The appellant is a Government Contractor who has executed
various works in the National Highways, P.W.D. and Electricity Board.
On 15.10.1997, the appellant and respondent No.2 entered into an               E
agreement for strengthening the existing two-lane pavement of NH7
from a particular kilometer point from Madurai to Kanyakumari. As per
the agreement, the work ought to have been completed in 18 months.
The site was handed over to the appellant on 20.10.1997, but, in the
course of the progress of work, the appellant stated that due to delay
caused by the respondents, he was not able to progress and complete            F
the work in time. The immediate reason why the appellant had to knock
at the doors of the High Court was an order dated 16.12.1999 passed by
the Superintending Engineer partially terminating the contract on the
ground that the plaintiff-appellant has not shown sufficient progress in
the execution of the said work. The plaintiff-appellant first filed a Writ     G
Petition before the Madras High Court, which, by a judgment dated
24.12.1999, rejected the Writ Petition, stating that an adequate alternative
remedy existed in terms of filing of a Civil Suit. This was appealed
against by the appellant, which appeal substantially met the same fate

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950             SUPREME COURT REPORTS                           [2019] 7 S.C.R.


A     by the order dated 10.07.2000, by which the Writ Appeal was dismissed,
      and it was stated that an adequate alternative remedy existed by way of
      arbitration.
             4. In between the learned Single Judge’s judgment and the Division
      Bench judgment dismissing the Writ Appeal, the appellant sent a legal
B     notice dated 14.01.2000 in which the appellant made it clear that he had
      completed the work to the extent of Rs.1,25,00,000/- in spite of delay in
      approving the pre-level work and fitness of the plant. He also mentioned
      that the original period of 18 months was extended up to 30.03.2000 for
      the reason that there was delay on the part of the Department. Despite
      this, an order of 16.12.1999 was made even before the said extension
C     came to an end, by which the contract was partially terminated. It was
      for this reason that he stated that it was necessary for him to have gone
      to the High Court by way of a Writ Petition. It is further stated that the
      Writ Petition was dismissed on 24.12.1999 and that the appellant had
      decided to file a Writ Appeal against the said order. Despite this, however,
D     the appellant made it clear that the part-termination, even before the
      expiry of the extended time, is arbitrary and equally arbitrary is the fresh
      tender that had been called for without issuing any notice to the appellant
      for which he would take “appropriate legal actions” as available in law,
      holding the State liable for all costs and consequences. This legal notice
      was followed by two other letters, one dated 25.01.2000, and the other
E     dated 29.01.2000. The letter dated 29.01.2000 went on to state that he
      is challenging the partial termination of the contract and enclosing a list
      of payments due for the work, which, at that point of time, amounted to
      a sum of Rs.88.06 lakhs.
             5. Since the Writ Appeal had also been dismissed and since the
F     remedy of arbitration could not be availed of as claims of above Rs.2
      lakhs were not arbitrable, but ought to be decided in a Civil Suit, the
      appellant filed O.S. No. 2/2002 on 12.09.2002 in the Court of the Special
      Judge at Virudhunagar. After setting out the fact that the partial
      termination was bad in law, the appellant prayed for a declaration that
G     the partial termination order dated 16.12.1999 is illegal and void and that
      a sum of Rs.3.30 crores with interest of 15 per cent per annum be
      granted to him as these were the amounts owing to him by the State.
            6. The learned Additional District Judge by his judgment dated
      29.06.2007 found that there was substantial compliance of section 80
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     Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                               951
                  [R. F. NARIMAN, J.]

CPC, given the fact that the notice dated 14.01.2000 was clearly sent to        A
the three authorities in question and served on them. Further, the cause
of action and reliefs claimed were also substantially set out both in the
notice as well as in the letter dated 29.01.2000 already referred to
hereinabove.
       7. After citing case law, the learned Additional District Judge found    B
that there was a substantial compliance with the provisions of section 80
CPC. On merits, ultimately, the appellant was awarded a sum of
Rs.87,01,200/- together with interest at the rate of 6 per cent per annum.
       8. Being dissatisfied with the judgment of the learned Additional
District Judge, both the appellant as well as the State filed appeals. These    C
appeals were disposed of by the High Court in which the High Court
found that the provision of Section 80 CPC was mandatory and that “full
particulars” as mentioned by the said provision was not given in the so-
called notices that were sent under section 80, and, therefore, allowed
the appeal of the State on the preliminary ground itself and stated that
the Suit as filed would not be maintainable as it was filed without complying   D
with the provisions of section 80 CPC.
       9. Learned counsel appearing on behalf of the appellant has
submitted, based on the legal notice together with the letters sent by the
appellant, that substantial compliance with section 80 CPC has been
made in the present case as was correctly found by the learned Additional       E
District Judge. The High Court went in error in not adverting to substantial
compliance of Section 80 but acted as if section 80 was a rigid provision
which, like the Laws of the Medes and Persians, could not be bent at all.
He cited certain judgments to show that, by the 1976 amendment to the
Code of Civil Procedure, section 80(3) was added making it clear that           F
so long as the State was put on notice and properly served, and so long
as the cause of action and the prayer in the Suit was substantially
communicated, this must be held to be sufficient compliance with the
provision.
       10. On the other hand, learned counsel appearing on behalf of the        G
State has argued before us that it is clear that there was no notice at all
issued under Section 80 CPC for the reason that none of the three notices/
letters relied upon by the appellant had stated that they were under
Section 80 CPC. He has also argued that these notices were issued
prior to the disposal of the Writ Appeal which was still pending, as a
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952            SUPREME COURT REPORTS                            [2019] 7 S.C.R.


A     result of which, the object of giving a notice, that is for the Government
      to settle the claim, could not have taken place as it is well-known that
      the Government can never settle claims which are sub-judice. He has
      also argued that none of the notices were issued after the Writ Appeal
      was dismissed, which alone could have qualified as notices, if at all,
      before filing the present Suit. He has also buttressed his submissions
B
      with reference to certain decisions of this Court.
              Section 80 CPC is set out as follows:
            “80.Notice.-
            (1) Save as otherwise provided in sub-section (2), no suits shall
C           be instituted against the Government(including the Government
            of the State of Jammu & Kashmir) or against a public officer in
            respect of any act purporting to be done by such officer in his
            official capacity, until the expiration of two months next after notice
            in writing has been delivered to, or left at the office of-
D           (a) in the case of a suit against the Central Government, except
            where it relates to a railway, a Secretary to that Government;
            (b) in the case of a suit against the Central Government where it
            relates to railway, the General Manager of that railway;
            (bb) in the case of a suit against the Government of the State of
E
            Jammu and Kashmir the Chief Secretary to that Government or
            any other officer authorised by that Government in this behalf;
            (c) in the case of a suit against any other State Government, a
            Secretary to that Government or the Collector of the district;
F           and, in the case of a public officer, delivered to him or left at this
            office, stating the cause of action, the name, description and place
            of residence of the plaintiff and the relief which he claims; and
            the plaint shall contain a statement that such notice has been so
            delivered or left.”
G           (2) A suit to obtain an urgent or immediate relief agianst the
            Government (including the Government of the State of Jammu &
            Kashmir) or any public officer in respect of any act purporting to
            be done by such public officer in his official capacity, may be
            instituted, with the leave of the Court, without serving any notice
            as required by sub-section (1); but the Court shall not grant relief
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    Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                              953
                 [R. F. NARIMAN, J.]

      in the suit, whether interim or otherwise, except after giving to the   A
      Government or public officer, as the caes may be, a resaonable
      opportunity of showing cause in respect of the relief prayed for in
      the suit:
      Provided that the Court shall, if it is satisfied, after heairng the
      parties, that no urgent or immediate relief need be granted in the      B
      suit, return the plaint for presentation to it after complying with
      the requirements of sub-section (1).
      (3) No suit instituted agianst the Government or against a public
      officer in respect of any act purporting to be done by such public
      officer in his official capacity shall be dismissed merely by reason    C
      of any error or defect in the notice referred to in sub-section (1),
      if in such notice-
      (a) the name, description and the residence of the plaintiff had
      been so given as to enable the appropriate authority or the public
      officer to identify the person serving the notice and such notice       D
      had been delivered or left at the office of the appropriate authority
      specified in sub-section (1), and
      (b) the cause of action and the relief claimed by the plaintiff had
      been substantially indicated.”
      11. Even at a time when Section 80(3) was not available, this           E
Court in Dhian Singh Sobha Singh & Another v. Union of India,
(1958) SCR 781 made it clear that Section 80, which must be strictly
complied with, cannot be construed in a pedantic manner completely
divorced from common sense.
          “We are constrained to observe that the approach of the High        F
      Court to this question was not well founded. The Privy Council no
      doubt laid down in Bhagchand Dagadusa v. Secretary of State
      [(1927) L.R.54 I.A. 338] that the terms of this section should be
      strictly complied with. That does not however mean that the terms
      of the notice should be scrutinized in a pedantic manner or in a
                                                                              G
      manner completely divorced from common sense. As was stated
      by Pollock C. B. in Jones v. Nicholls [(1844) 13 M.&W. 361,
      363; 153 E.R. 149, 150] “We must import a little common sense
      into notices of this kind.” Beaumont C.J. also observed in Chandu
      Lal Vadilal v. Government of Bombay [I.L.R. [1943] Bom.128]
      : “One must construe section 80 with some regard to common              H
954      SUPREME COURT REPORTS                             [2019] 7 S.C.R.


A     sense and to the object with which it appears to have been
      passed...........” If the terms of the notice in question be scrutinized
      in this manner it is abundantly clear that the relief claimed by the
      appellant was the re-delivery of the said two trucks or in the
      alternative payment of Rs.3,500 being the value thereof. The value
      which was placed by the appellants on the trucks was the then
B
      value according to them - a value as on August 1, 1942, the date
      on which the delivery of the trucks ought to have been given by
      the respondent to the appellants. The appellants could only have
      demanded that sum as on the date of that notice. They could not
      sensibly enough have demanded any other sum. If the respondent
C     had complied with the terms of that notice then and there and re-
      delivered the trucks to the appellant, nothing further needed to be
      done. If on the other hand instead of re-delivering the trucks it
      paid to the appellant the value thereof then also it need not have
      paid anything more than Rs.3,500 to the appellant, on that
      alternative. If, however, the respondent failed and neglected to
D
      comply with the requisitions contained in that notice the appellants
      would certainly be entitled to recover from the respondent the
      value of the said trucks in the alternative on the failure of the
      respondent to re-deliver the same to the appellants in accordance
      with the terms of the decree ultimately passed by the Court in
E     their favour. That date could certainly not be foreseen by the
      appellants and it is contrary to all reason and common sense to
      expect the appellants to have made a claim for the alternative
      value of the said two trucks as of that date. The respondent was
      and ought to have been well aware of the situation as it would
      develop as a result of its non-compliance with the terms of that
F
      notice and if on January 8, 1943, the appellants in the suit which
      they filed for wrongful detention of the said trucks claimed re-
      delivery of the said trucks or in the alternative Rs.3,500 as their
      value and reserved their right to claim the further appreciation in
      the value of the trucks by reason of the rise in prices thereof up to
G     the date of the decree by paying additional court-fee in that behalf,
      it could not be laid at their door that they had not made the specific
      demand in their notice to the respondent under s.80 of the Code
      of Civil Procedure and that therefore their claim to recover
      anything beyond Rs.3,500 was barred under that section. A
      common sense reading of the notice under s.80 would lead any
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    Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                               955
                 [R. F. NARIMAN, J.]

      Court to the conclusion that the strict requirements of that section     A
      had been complied with and that there was no defect in the same
      such as to disentitle the appellants from recovering from the
      respondent the appreciated value of the said two trucks as at the
      date of the judgment. It is relevant to note that neither was this
      point taken by the respondent in the written statement which it
                                                                               B
      filed in answer to the appellants’ claim nor was any issue framed
      in that behalf by the Trial Court and this may justify the inference
      that the objection under s.80 had been waived. The point appears
      to have been taken for the first time before the High Court which
      negatived the claim of the appellants for the appreciated value of
      the said trucks.”                                                        C
        12. In Vithalbhai (P) Ltd. v. Union Bank of India, (2005) 4
SCC 315, this Court, in paragraph 10, cited certain judgments which
made it clear that the object of the said Section is the advancement of
justice and the securing of public good by avoidance of unnecessary
litigation.                                                                    D
      “10.Under Section 80 CPC no suit shall be instituted against the
      Government or a public officer until the expiration of two months
      next after service of notice in writing in the manner set out in the
      provision and if filed before the expiry of said period, the suit is
      not maintainable because there is clearly a public purpose underlying    E
      the provision. “The object of the section is the advancement of
      justice and the securing of public good by avoidance of
      unnecessary litigation” (See Bihari Chowdhary v. State of Bihar
      (1984) 2 SCC 627). In Butchiraju (Vaddadi) v. Doddi
      Seetharamayya (AIR 1926 Mad 377) the suit was for a sum of
      money which had not become payable on the date of the suit but           F
      became payable since. Viswanatha Sastri, J. (as His Lordship
      then was) held that the Court could pass a decree for the recovery
      of money. Reliance was placed on a Full Bench decision in A.T.
      Raghava Chariar v. O.M. Srinivasa Raghava Chariar (ILR
      (1917) 40 Mad 308) and a few other cases. Here, in all fairness,         G
      it may be mentioned that in Rangayya Naidu (Mylavarapu) v.
      Basana Simon (AIR 1926 Mad 594), Spencer, J. has held that if
      a suit is premature at the date of institution, though not at the date
      of decision, a decree cannot be granted and the only course in
      such cases is to dismiss the suit with liberty to bring a fresh suit
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956            SUPREME COURT REPORTS                          [2019] 7 S.C.R.


A           upon a proper cause of action. It is pertinent to note that
            Butchiraju case was decided on 5-10-1925 while Rangayya
            Naidu case was decided on 7-10-1925 but the former decision
            though of a prior date was not brought to the notice of the Court
            deciding the latter case.”
B           13. In Ghanshyam Dass and Others v. Dominion of India and
      Others, (1984) 3 SCC 46, this Court went into the amendment made by
      the Law Commission and stated:
            “17. Section 80 of the Code is but a part of the Procedure Code
            passed to provide the regulation and machinery, by means of which
C           the courts may do justice between the parties. It is therefore
            merely a part of the adjective law and deals with procedure alone
            and must be interpreted in a manner so as to subserve and advance
            the cause of justice rather than to defeat it. In Sangram Singh v.
            Election Tribunal, Kotah (1955) 2 SCR 1 Vivian Bose, J. in his
            illuminating language dealing with the Code of Civil Procedure
D           said :
                  It is procedure, something designed to facilitate justice and
               further its ends: not a penal enactment for punishment and
               penalties; not a thing designed to trip people up. Too technical
               a construction of sections that leaves no room for reasonable
E              elasticity of interpretation should therefore be guarded against
               (provided always that justice is done to both sides) lest the
               very means designed for the furtherance of justice be used to
               frustrate it.
            18. Our laws of procedure are based on the principle that “as far
F           as possible, no proceeding in a court of law should be allowed to
            be defeated on mere technicalities”. Here, all the requirements
            of Section 80 of the Code were fulfilled. Before the suit was
            brought, the Dominion of India received a notice of claim from
            Seth Lachman Dass. The whole object of serving a notice under
G           Section 80 is to give the Government sufficient warning of the
            case which is going to be instituted against it (sic so) that the
            Government, if it so wished, (sic can) settle the claim without
            litigation or afford restitution without recourse to a court of law.
            That requirement of Section 80 was clearly fulfilled in the facts
            and circumstances of the present case.
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Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                             957
             [R. F. NARIMAN, J.]

 19. It is a matter of common experience that in a large majority of     A
 cases the Government or the public officer concerned make no
 use of the opportunity afforded by the section. In most cases the
 notice given under Section 80 remains unanswered till the expiration
 of two months provided by the section. It is also clear that in a
 large number of cases, as here, the Government or the public
                                                                         B
 officer utilised the section merely to raise technical defences
 contending either that no notice had been given or that the notice
 actually given did not comply with the requirements of the section.
 It is unfortunate that the defendants came forward with a
 technical plea that the suit was not maintainable at the instance of
 the plaintiffs, the legal heirs of Seth Lachman Dass, on the ground     C
 that no fresh notice had been given by them. This was obviously
 a technical plea calculated to defeat the just claim. Unfortunately,
 the technical plea so raised prevailed with the High Court with
 the result that the plaintiffs have been deprived of their legitimate
 dues for the last 35 years.
                                                                         D
 20. The Law Commission in the Fourteenth Report, Volume 1 on
 the Code of Civil Procedure, 1908 at p. 475 made a recommendation
 that Section 80 of the Code should be deleted. It was stated as
 follows:
       The evidence disclosed that in a large majority of cases,         E
    the Government or the public officer made no use of the
    opportunity afforded by the section. In most cases the notice
    given under Section 80 remained unanswered till the expiry of
    the period of two months provided by the section. It was also
    clear that in a large number of cases, governments and public
    offices utilised the section merely to raise technical defences      F
    contending either that no notice had been given or that the
    notice actually given did not comply with the requirements of
    the section. These technical defences appeared to have
    succeeded in a number of cases defeating the just claims of
    the citizens.                                                        G
 21. The Law Commission in the Twenty-Seventh Report on the
 Code at pp.21-22 reiterated its earlier recommendation for deletion
 of Section 80 and in the Fifty-Fourth Report at p.56 fully concurred
 with the recommendation made earlier. In conformity with the
 recommendation of the Law Commission, Section 80 has                    H
958            SUPREME COURT REPORTS                              [2019] 7 S.C.R.


A           undergone substantial changes. By Section 27 of the Code of
            Civil Procedure (Amendment) Act, 1976 which was brought into
            effect from February 1, 1977, the existing Section 80 has been
            renumbered as Section 80(1) and sub-sections(2) and (3) have
            been inserted. Sub-section (2) as inserted has been designed to
            give an urgent and immediate relief against the Government or
B
            the public officer with the leave of the court. But the court shall
            not grant relief in the suit, whether interim or otherwise, except
            after giving to the Government or public officer, as the case may
            be, a reasonable opportunity of showing cause in respect of the
            relief prayed for in the suit. Proviso to sub-section (2) enjoins
C           that the court shall, if it is satisfied, after hearing the parties that
            no urgent or immediate relief need be granted in the suit, return
            the plaint for presentation to it after complying with the
            requirements of sub-section (1).
                              xxx             xxx           xxx
D           23. By sub-section (3), Parliament has brought in the rule of
            substantial compliance. The present suit would be directly covered
            by sub-section (3) of Section 80 so introduced if the suit had been
            brought after February 1, 1977. Unfortunately for the plaintiffs,
            Section 97 of the Amendment Act provides that the amendment
E           shall not apply to pending suits and the suits pending on February
            1, 1977 have to be dealt with as if such amendment had not been
            made. Nevertheless the courts must have due regard to the change
            in law brought about by sub-section (3) of Section 80 of the Code
            introduced by the Amendment Act w.e.f. February 1, 1977. Such
            a change has a legislative acceptance of the rule of substantial
F           compliance laid down by this Court in Dhian Singh Sobha Singh
            (1958) SCR 781 and Raghunath Dass (1969) 1 SCR 450. As
            observed in Dhian Singh Sobha Singh case, one must construe
            Section 80 with some regard to common sense and to the object
            with which it appears to have been enacted. The decision in S.N.
G           Dutt v. Union of India case (1962) 1 SCR 560, does not accord
            with the view expressed by us and is therefore overruled.”
            14. In another recent judgment in State of A.P. and Others v.
      Pioneer Builders, A.P., (2006) 12 SCC 119, this Court again referred to
      the Law Commission Report and held as follows:
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Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                               959
             [R. F. NARIMAN, J.]

 “14. From a bare reading of sub-section (1) of Section 80, it is          A
 plain that subject to what is provided in sub-section (2) thereof, no
 suit can be filed against the Government or a public officer unless
 requisite notice under the said provision has been served on such
 Government or public officer, as the case may be. It is well-settled
 that before the amendment of Section 80 the provisions of
                                                                           B
 unamended Section 80 admitted of no implications and exceptions
 whatsoever and are express, explicit and mandatory. The Section
 imposes a statutory and unqualified obligation upon the Court and
 in the absence of compliance with Section 80, the suit is not
 maintainable. (See: Bhagchand Dagadusa v. Secretary of State
 for India in Council AIR 1927 P.C. 176; Sawai Singhai Nirmal              C
 Chand v. Union of India (1966) 1 SCR 986 and Bihari
 Chowdhary v. State of Bihar (1984) 2 SCC 627). The service of
 notice under Section 80 is, thus, a condition precedent for the
 institution of a suit against the Government or a public officer.
 The legislative intent of the Section is to give the Government
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 sufficient notice of the suit, which is proposed to be filed against it
 so that it may reconsider the decision and decide for itself whether
 the claim made could be accepted or not. As observed in Bihari
 Chowdhary, the object of the Section is the advancement of justice
 and the securing of public good by avoidance of unnecessary
 litigation.                                                               E
 15. It seems that the provision did not achieve the desired results
 inasmuch as it is a matter of common experience that hardly any
 matter is settled by the Government or the public officer concerned
 by making use of the opportunity afforded by said provisions. In
 most of the cases, notice given under Section 80 remains                  F
 unanswered. In its 14th report (reiterated in the 27th and 54th
 Reports), the Law Commission, while noting that the provisions
 of this section had worked a great hardship in a large number of
 cases where immediate relief by way of injunction against the
 Government or a public officer was necessary in the interests of
 justice, had recommended omission of the Section. However, the            G
 Joint Committee of Parliament, to which the Amendment Bill 1974
 was referred, did not agree with the Law Commission and
 recommended retention of Section 80 with necessary
 modifications/relaxations.
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960             SUPREME COURT REPORTS                               [2019] 7 S.C.R.


A            16. Thus, in conformity therewith, by the Code of Civil Procedure
             (Amendment) Act, 1976 the existing Section 80 was renumbered
             as Section 80(1) and sub-sections (2) and (3) were inserted with
             effect from 1-2-1977. Sub-section (2) carved out an exception to
             the mandatory rule that no suit can be filed against the Government
             or a public officer unless two months’ notice has been served on
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             such Government or public officer. The provision mitigates the
             rigours of sub-section (1) and empowers the Court to allow a
             person to institute a suit without serving any notice under sub-
             section (1) in case it finds that the suit is for the purpose of obtaining
             an urgent and immediate relief against the Government or a public
C            officer. But, the Court cannot grant relief under the sub- section
             unless a reasonable opportunity is given to the Government or
             public officer to show cause in respect of the relief prayed for.
             The proviso to the said sub-section enjoins that in case the Court
             is of the opinion that no urgent and immediate relief should be
             granted, it shall return the plaint for presentation to it after complying
D
             with the requirements of sub-section (1). Sub-section (3), though
             not relevant for the present case, seeks to bring in the rule of
             substantial compliance and tends to relax the rigour of sub-section
             (1).”
              15. On a perusal of the notice dated 14.01.2000, it is clear that
E     this is a legal notice sent by a lawyer of the appellant to the authorities
      concerned. It is not disputed that it was by registered A.D. and served
      upon the authorities. There is also no dispute that the cause of action is
      sufficiently set out in the said notice, which is the illegality of the partial
      termination of the contract on 16.12.1999. It was also made clear that
F     though a Writ Appeal at that point of time was going to be filed against
      the Writ Petition dismissal, yet this would be a notice to take “appropriate
      legal action” against the State. There is no doubt, whatsoever, that
      more than two months have elapsed from the date of this notice, after
      which the Suit has been filed. In fact, the Suit was filed long after, on
      12.09.2002. Quite apart from this, on 29.01.2000 also, the letter of the
G     appellant made it clear to the Divisional Engineer that not only is the
      partial termination bad in law but that the payments due for work would
      have to be made.
            16. It is clear, therefore, that there is sufficient compliance with
      the provisions of Section 80 CPC as has been introduced by the
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     Y. SAVARIMUTHU v. STATE OF TAMIL NADU & ORS.                                961
                  [R. F. NARIMAN, J.]

Amendment Act introducing section 80(3) into the Statute book. The               A
respondents’ argument that section 80 is not expressly referred to and
that the legal notice and letters were written prior to the disposal of the
Writ Appeal have no legs to stand on. This is for the reason that a notice
does not have to state the section under which it is made so long as the
ingredients of sub-section (3) of section 80 are met. It is admitted that
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there was no need for any legal notice before filing the Writ Appeal.
The notice, therefore, that was sent on 14.01.2000, was only under Section
80 CPC in the event the Writ Appeal failed and a Suit would have to be
filed.
       17. We are, therefore, of the view that the learned Additional
District Judge’s judgment was correct. In this view of the matter, we            C
set aside the impugned judgment of the High Court and remit the matter
to the High Court to dispose of the two appeals on merits. Further,
considering this is a Suit of the year 2002, we request the High Court to
take up these appeals and dispose of the same at the earliest.
      18. The appeals stand disposed of accordingly.                             D


Ankit Gyan                                                Appeals disposed of.



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