A.J.Suseela v. E.Senthilkumar and 6 others
Code of Civil Procedure – Section 80(2) – dispensation of statutory notice
Case brief
What is this about?
Madras High Court order dated 10-07-2026 by Dr. Justice A.D. Maria Clete dismissing A No. 2895 of 2026 in C.S. No. SR147477 of 2025. Applicant A.J. Suseela sought dispensation of notice under Section 80(2) CPC to the 7th respondent/7th defendant, Income Tax Department, Non Corp Ward 12(1), Chennai. Court held leave under Section 80(2) CPC lies only where the suit seeks urgent or immediate relief against the Government or a public officer, found no such relief pleaded in the plaint or affidavit, held Section 80(2) CPC cannot be invoked, and dismissed the application without costs. Keywords: Section 80(2) CPC, dispensation of notice, urgent and immediate relief, Government/public officer, proforma party, necessary party, Income Tax Department.
What did the court decide?
Leave under Section 80(2) CPC can be granted only when the suit is instituted to obtain urgent or immediate relief against the Government or a public officer.