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    <title>Suit dismissed for no prior notice under Section 80 CPC; withdrawal allowed with liberty to file fresh suit</title>
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    <description>The HC dismissed the suit for damages due to non-compliance with Section 80 CPC, which mandates a two-month prior notice before suing a public officer; absence of such notice rendered the suit barred and non-maintainable. However, the suit was not barred under Section 34 of the SARFAESI Act, as the Civil Court&#039;s jurisdiction to entertain claims for damages is wider than the limited scope of the SARFAESI Tribunal. The pendency of winding-up proceedings under the 1956 Act did not oust the Civil Court&#039;s jurisdiction. Although the plaintiff&#039;s authorized representative lacked authority regarding the company plaintiff, this did not warrant partial rejection of the plaint since other plaintiffs were represented. The court declined to consider new .....</description>
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      <title>Suit dismissed for no prior notice under Section 80 CPC; withdrawal allowed with liberty to file fresh suit</title>
      <link>https://www.taxtmi.com/highlights?id=91381</link>
      <description>The HC dismissed the suit for damages due to non-compliance with Section 80 CPC, which mandates a two-month prior notice before suing a public officer; absence of such notice rendered the suit barred and non-maintainable. However, the suit was not barred under Section 34 of the SARFAESI Act, as the Civil Court&#039;s jurisdiction to entertain claims for damages is wider than the limited scope of the SARFAESI Tribunal. The pendency of winding-up proceedings under the 1956 Act did not oust the Civil Court&#039;s jurisdiction. Although the plaintiff&#039;s authorized representative lacked authority regarding the company plaintiff, this did not warrant partial rejection of the plaint since other plaintiffs were represented. The court declined to consider new .....</description>
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