Partly allowed
Dr.Prabakaran Srs v. Vellore Institute of Technology (Vit) Represented by its Chancellor Dr.G.Viswanathanand 3 others
Madras HCA/2180/2020
Case brief
AI extract
What is this about?
The court observed that the relief sought to dispense with service of summons is not covered under Section 80(2) CPC. While dispensing with pre-suit notice is within the purview of Section 80(2) CPC, given that leave to institute the suit had already been granted, the application was allowed insofar as it sought dispensation from the issuance of pre-suit notice under Section 80(2) CPC. No dispensation was granted for service of summons purely under leave to institute suit.
What did the court decide?
Dispensation granted for notice under Section 80(2) CPC; request for dispensing with service of summons on fourth respondent was not granted on these terms.