Reference no: EM133465105
The appellant's father Seth Amirchand entered into a contract with the Government of India in regard to the supply of jute to the Government's jute factory at Kolkata and Patna. Meanwhile, the appellant's father received payments for the same at the contractual rate from time to time. The contract contained an escalation clause viz. to the effect that in case the price of jute was increased by more than 10% of the stipulated rate during the subsistence of the contract, the contractor (Seth Amirchand) would be entitled to the price at the higher rate.
During the period of the contract, the rate of charcoal went up continuously. The government paid at the enhanced rate for the supplies at Patna but for Kolkata rest they refused to pay more than the contractual rate. Seth Amirchand, accordingly served a notice to the Government unders. 80 of the Code of Civil Procedure 1908 making a claim for payment of a sum of Rs. 20 Lakhs, the same being the difference between the enhanced rate and the contractual rate for the supplies paid for. But before he could bring the suit against the government, Seth Amirchand died. Thereupon, the son of Seth Amirchand (the appellant) brought a suit as his legal heir and successor claiming the amount. The respondent (Government of India) contested the claim inter alia on the ground that the notice given by Seth Amirchand could not devolve for the benefit of the plaintiff's and therefore the suit was bad for want of notice under s. 80 of the Code. The
Court of first instance held that no further notice under s. 80 was necessary as the notice served by the appellant's father devolved to his heir. In appeal the High Court reversed the decision on the point and held that the notice given by the appellant's father was insufficient and was not a valid notice under s.80 of the Code insofar as the appellant were concerned. Against the judgment, the appellant has preferred the present appeal before the Supreme Court.
1. Explain what is the cause of action in the present case.
2. Whether a notice served by a plaintiff under Sec 80 CPC can enure to his/her legal representatives, thereby exempting them from serving a fresh notice to the defendant in case of the death of the plaintiff. Cite legal authorities for your answer.
3. What are the circumstances under which a plaintiff may be exempted from serving notice to either the government or the public officer in a suit against either of them.