Report No. 100

2.10. Defects in the contents of the notice under section 80.-

The judicial decisions noted above relate to defects in the form of the notice given under section 80 of the Code, or in the mode of its service. The Law Reports also furnish instances of defects in the contents of the notice. In this context, we may refer to an Allahabad case1 wherein the controversy related to the meaning of the expression "cause of action" as occurring in section 80. Though the High Court observed that the notice under section 80 was not to be construed in a pedantic manner and that the courts ought not to be hyper-technical in that regard, the suit was ultimately dismissed, as the reason why the order of dismissal was illegal, was not set out in the notice.

1. Gamaruddin v. Union of India, AIR 1982 All 169 (170, 171).