Supreme Court of India
Ram Kumar and Anr. v. State of Rajasthan and Ors.
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What the Court ordered
We hold that even in the absence of service qf notice on the respondent No.3 under Section. 80 of the CPC, the suit was maintainable in law.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908-' s, 80:... Notice undet' Land of appellants' acquired and in lieu thereof certain laf!d • c given to them :... Recalling or said order by District Collector ·and land given to Education Officer - Challenge to - Suit for recovery of possession of said land from Education Officerby appellants·:.... Also issuance of notice u/s. BO to District Collec- tor before (iling su(t -Notice uls. 80 to Education Officer'- ":0 Requirement of - Held: Not necessary - Education .Officer even though a public officer had not done any act in his offi- · cial capacity - Appellants
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