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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Anita Verma's notice under Section 80 to the Central Government (non-railway) gave her name, description and residence correctly and was delivered at the office of a Secretary to that Government. It described the cause of action and relief only substantially, with minor errors. The Government seeks dismissal of her suit on this ground. What is the correct position?

The suit cannot be dismissed merely because of the defect. Section 80(3) saves it where the plaintiff's name, description and residence enabled identification, the notice reached the proper office, and the cause of action and relief were substantially indicated, all of which are satisfied here.

  1. AThe suit shall not be dismissed merely for such error or defect, since the identity details and the substantial cause of action and relief were indicatedCorrect
  2. BThe suit must be dismissed because any defect in the notice is fatal
  3. CThe suit must be dismissed unless the notice was also sent to the Collector
  4. DThe suit stands only if the court first grants leave under Section 80(2)

Explanation

Section 80(3) protects a suit from dismissal merely for an error or defect in the notice if the plaintiff's identity details enabled identification, the notice was delivered at the proper office, and the cause of action and relief were substantially indicated. All conditions are met here. Leave under sub-section (2) concerns suits filed without notice for urgent relief.

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