Mandatory statutory notice for suits against government officials applies to injunction claims and bars maintainability without prior service.

Notice under Section 424 of the Civil Procedure Code was held mandatory for all suits against the Secretary of State for India in Council relating to acts done or purportedly done in an official capacity, including suits for injunction. The provision was treated as universal in scope, and no judicial exception was accepted for threatened injury or hardship. Because the plaintiff had sufficient time to serve notice before filing, the suit was not maintainable without prior notice, and the objection to maintainability succeeded.

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Issues: Whether a suit against the Secretary of State for India in Council seeking an injunction was maintainable without the notice required by Section 424 of the Civil Procedure Code, corresponding to Section 80 of the Code of Civil Procedure, 1908.

Analysis: The notice provision was held to apply to all suits against the Secretary of State for India in Council in respect of acts purporting to be done in official capacity, and not merely to suits for damages. The language of the section was treated as universal, and no judicially created exception was accepted for suits seeking injunctions or alleging threatened injury. The Court also held that the plaintiff had ample time to serve notice before instituting the suit, so the absence of notice could not be excused on grounds of immediate danger or hardship.

Conclusion: Notice under Section 424 was mandatory, the suit was not maintainable without such notice, and the objection of the Secretary of State succeeded.

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