NASEEMA TEXTILES AZHIKODE Vs. UNION OF INDIA

JUDGEMENT

(1.) The only point arising in this revision petition is whether the requirement of a suit notice under S.80 CPC. has strictly been complied with before instituting the suit. The suit is one brought against the Union of India, for damages for nondelivery of one bale of handloom piece goods booked from Cannanore Camp Bazaar town booking office on the Southern Railway to Ahamadagarh railway station on the Northern Railway. The suit notice was issued by the lawyer on behalf of M/s Nazeema Textiles, Azhikode; but later the suit was filed by Nazeema Textiles, Azhikode through its proprietor T. P. Ebrahimkutty. From the notice, it would appear that the notice was issued on behalf of a firm; but from the suit it would appear that it was instituted by one T. P. Ebhrahimkutty as proprietor of the concern. It is mandatory that there should be identity of the person who issues the notice with the person who brings the suit. On identical facts the Supreme Court in Dutt v. Union of India ( AIR 1961 SC 1449 ) has held: