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1984 (3) TMI 348 - SC - Indian LawsWhether the notice Ex. A-8 given by the plaintiffs' father Seth Lachman Dass Gupta before his death under s.80 of the Code of Civil Procedure, 1908 would enure for the benefit of the plaintiffs. Whether the notice gives sufficient information as to the nature of the claim such as would enable the recipient to avert the litigation? Held that:- Appeal allowed. The present suit would be directly covered by sub-s.(3) of s.80 so introduced if the suit had been brought after February 1, 1977. Unfortunately for the plaintiffs, s.97 of the Amendment Act provides that the amendment shall not apply to pending suit and the suits pending on February 1, 1977 have to be dealt as if such amendment had not been made. Nevertheless the Courts must have due regard to the change in law brought about by sub- s.(3) of s.80 of the Code introduced by the Amendment Act w.e.f. February 1, 1977.
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