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march 1984

Supreme Court of India · 1984-03-20

GHANSHYAM DASS AND OTHERS vs DOMINION OF INDIA AND OTHERS

Citation / case number
SC 1971/60317
Court
Supreme Court of India
Petitioner
GHANSHYAM DASS AND OTHERS
Respondent
DOMINION OF INDIA AND OTHERS
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that Section 80 of the Code of Civil Procedure is procedural and must be interpreted to advance justice rather than defeat it. The Court emphasized that substantial compliance with the notice requirements is sufficient, allowing for flexibility in interpretation. In this case, the notice provided adequate information about the claim, fulfilling the requirements of Section 80, and the High Court's ruling to the contrary was overturned to prevent injustice to the plaintiffs, who had been deprived of their claim for 35 years.

GHANSHYAM DASS AND OTHERS vs DOMINION OF INDIA AND OTHERS · Niyam