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.