Sant Prasad vs Kausla Nand Sinha

The Supreme Court addressed the requirement of notice under Section 80 of the Code of Civil Procedure (C.P.C.) for instituting a suit, affirming that while such notice is generally required, the High Court's insistence on it was misplaced in this case since the State was already impleaded without objection. The Court held that retaining the case would serve no fruitful purpose and granted liberty to the appellant to file an application before the High Court for consideration on merits, ensuring that any delay would not be a ground for dismissal. The appeals were thus disposed of without costs.