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Report No. 56

22. Discrimination not to be favoured.-

As against those possible grounds of justification for the present provisions, it should be stated that prima facie such provisions are discriminatory and against the general principle of equality. It may not be improper to mention here that, in practice, the first object of these provisions, namely, to give an opportunity to the authority concerned to settle the claims, is hardly realised. Experience of the working of the corresponding provisions in the Code of Civil Procedure1 has unfortunately shown that, for reasons into which we need not go, the notice of suit against the Government or public officer given under that Code is not acted upon within the time contemplated by the law. We venture to think that the position under the special statutory provisions with which this Report is concerned is not substantially different in this respect.

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

Statutory Provision as to Notice of Suit other than Section 80 of the Civil Procedure Code Back

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