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Report No. 56

Statutory Provision as to Notice of Suit other Than Section 80, Civil Procedure Code

1. Genesis of the Report.-

This Report deals with the requirement of notice of suit under the provisions of certain statutes. The subject has been taken up by the Law Commission suo mote, after consideration of a suggestion received from a High Court1. Broadly speaking, the statutory provisions in question bar a suit unless notice of the suit is given. Having regard to the experience of practical working of these provisions, and also bearing in mind the changed conditions, the Law Commission has considered it proper to examine the law on the subject. It may be of interest to note that the Commission has, in its Report on the Code of Civil Procedure,2 already recommended repeal of a section of the Code of Civil Procedure3 which requires notice of a suit to be given in the case of a cause of action against the Government or against a public officer for an act done by him in his official capacity.

1. Suggestion of the High court of Andhra Pradesh, in the Registrar's letter dated 16th November, 1972, forwarded to the Law Commission by the Ministry of Law & Justice, Legislative Department, letter No. F. 14(22)/68-Leg. II, dated nil. See Law Commissioner's file No. F. 2(1)/71-LC.

2. 54th Report, Code of Civil Procedure, para. 1.G.2.

3. Section 80, Code of Civil Procedure, 1908.

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