Substantial compliance with Section 79 of the Civil Procedure Code whether sufficient?

Substantial compliance with Section 79 of the Civil Procedure Code whether sufficient?

AIR 1990 (Gau) 74

GAUHATI HIGH COURT

Gopesh Chandra Das – Appellant

Versus

Chief Secretary to the Government of Assam and Others – Respondent

  • The plaintiff – appellant filed a suit for recovery of a sum of Rs. 25,715/- by way of compensation on account of damage caused to his vehicle while it was under requisition with the officers of the Government of Assam for election duty. In the suit, the Chief Secretary to the Government of Assam was named as defendant No. 1, besides the Magistrate and Sub-Divisional Divisional Officer (Election Branch), Barpeta who requisitioned the vehicle, the Chief Election Officer, Assam, the Election Officer, Barpeta for whose duty it was requisitioned and the New India Assurance Company Limited with whom the vehicle was insured. They were made defendants No’s. 2 to 5. Before filing the suit, the plaintiff through his Advocate served a notice under Section 80 of the Civil Procedure Code on the Chief Secretary to the Government of Assam and other defendants.
  • The suit was contested by the defendants. The defendants No’s. 1 to 4 in their written statement pleaded, inter alia, that the suit was not maintainable for want of notice under Section 80 of the Civil Procedure Code and for non-compliance of the requirement under Section 79 of the Civil Procedure Code. It was claimed by the defendant that the vehicle at the time of the accident was under the possession of the plaintiff through his employees and not with the Government and that the alleged damage was caused due to wrongful acts and rash and negligent driving of his employees and, as such, the defendants were not liable to pay any compensation. The trial court framed as many as 15 issues. Issues No’s. 2 and 3, which related to maintainability of the suit and are relevant for the decision of the present case are reproduced below:-

“(2) Whether the suit is bad for want of notice under Section 80 of the Civil Procedure Code and for non compliance of requirement under Section 79 of the Civil Procedure Code”

“(3) Whether the suit is bad for non joinder of necessary party”

Regarding the compensation, the relevant issue was issue No. 13 which reads as follows:-

“(13) Whether the plaintiff is entitled to get a decree for Rs. 25,175/- against the defendants jointly and severally?”

 

 

 

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