https://www.taxtmi.com/caselaws?id=200589 Section 80 CPC notice was treated as necessary for a Custodian acting in an official capacity, since such an officer falls within the definition of a public officer; however, the notice requirement is for the benefit of the protected party and may be waived by conduct or express waiver. The text further notes that absence of notice does not automatically require rejection of the entire plaint under Order 7 Rule 11(d) where the defect concerns only one defendant and the suit is not clearly barred as a whole. On the facts, waiver was not proved, the Custodian was expunged from the suit, and the remaining dispute was left for trial court disposal. en-us Wed, 01 May 1963 00:00:00 +0530 Fri, 06 Apr 2018 14:56:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200589 Section 80 CPC notice was treated as necessary for a Custodian acting in an official capacity, since such an officer falls within the definition of a public officer; however, the notice requirement is for the benefit of the protected party and may be waived by conduct or express waiver. The text further notes that absence of notice does not automatically require rejection of the entire plaint under Order 7 Rule 11(d) where the defect concerns only one defendant and the suit is not clearly barred as a whole. On the facts, waiver was not proved, the Custodian was expunged from the suit, and the remaining dispute was left for trial court disposal. Case-Laws Indian Laws Wed, 01 May 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200589