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march 1961

Supreme Court of India · 1961-03-27

S. N. DUTT vs UNION OF INDIA

Citation / case number
SC 1958/75
Court
Supreme Court of India
Petitioner
S. N. DUTT
Respondent
UNION OF INDIA
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that a notice under Section 80 of the Code of Civil Procedure, 1908, must be issued in the name of the actual plaintiff, not a business name. The Court found that the notice issued by 'S. N. Dutt & Co.' was defective as it did not match the plaintiff's name, leading to the dismissal of the suit. The ruling emphasized the strict requirement for proper naming in legal notices, affirming the lower court's decision.

S. N. DUTT vs UNION OF INDIA · Niyam