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X sues Y, a partnership consisting solely of four private individuals. Neither the Government nor a public officer acting in an official capacity is sued. No notice under section 80 CPC was given.…

Question and options

X sues Y, a partnership consisting solely of four private individuals. Neither the Government nor a public officer acting in an official capacity is sued. No notice under section 80 CPC was given. What follows?

  1. The suit cannot be dismissed merely for absence of section 80 notice.

  2. The suit must be dismissed for absence of section 80 notice.

  3. The court may require section 80 notice simply because Y is a partnership.

  4. The plaint must be rejected for absence of section 80 notice.

Answer and explanation

Correct answer: A - The suit cannot be dismissed merely for absence of section 80 notice.

Section 80 concerns suits against the Government or public officers for acts purporting to be done in their official capacity. A suit against the stated private partnership does not attract that requirement.

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