SAWAI SINGHAI NIRMAL CHAND vs UNION OF INDIA

The Supreme Court held that a suit filed under Order 21, Rule 63 of the Code of Civil Procedure, 1908, does attract the provisions of Section 80 of the Code, which mandates prior notice to the government. The Court clarified that the proceedings under Order 21, Rule 63 are distinct from objection proceedings under Rule 58 and constitute a suit against the government. Consequently, the dismissal of the appellant's suit as barred by time was overturned, affirming that the notice period under Section 80 should be considered in the limitation period for filing the suit.