https://www.taxtmi.com/caselaws?id=273529 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. en-us Tue, 22 Sep 1970 00:00:00 +0530 Sat, 30 Jun 2018 14:36:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273529 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. Case-Laws Indian Laws Tue, 22 Sep 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273529