STATE OF MAHARASHTRA AND ANR. vs SHRI CHANDER KANT

The Supreme Court held that a suit filed under Section 8 of the Madhya Pradesh Public Trusts Act, 1951 is maintainable against the State without prior notice under Section 80 of the Code of Civil Procedure. The Court emphasized that Section 80's provisions are mandatory but do not apply to suits under the Public Trusts Act, as these suits are against public officers in their official capacity. The Court reversed the High Court's decision, affirming that the Registrar's declaration of a public trust can be challenged without the notice requirement, thus allowing the appeal.