Mandatory Section 80 notice and actual waiver requirements govern injunction suits against public authorities; presumed waiver is insufficient.

Section 80 CPC is mandatory for suits against the Government or a public authority, including suits for permanent injunction, and it admits no implied exception. Prior notice can be dispensed with only on proof of an actual waiver in fact; a pleaded presumption that notice was waived, or that notice would frustrate the suit, is insufficient. On the facts stated, the plaint disclosed only a presumed waiver and not an actual waiver, so the plaint was liable to rejection under Order VII Rule 11 CPC.

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Issues: Whether a suit seeking permanent injunction against the Government or a public authority could proceed without notice under Section 80 of the Code of Civil Procedure, 1908, and whether a plea of supposed or presumed waiver was sufficient to avoid the statutory requirement.

Analysis: Section 80 of the Code of Civil Procedure, 1908 is mandatory and admits of no implied exceptions. In a suit for injunction also, prior notice is required unless there is an actual waiver in fact. A mere assertion that notice should be deemed waived, or that giving notice would defeat the purpose of the suit, does not amount to proof of waiver. The plea in the plaint disclosed only a presumed waiver and not an actual waiver. The plaint was therefore liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

Conclusion: The statutory notice requirement was not dispensed with, and the plaint was rightly rejected.

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