TMI Blog1959 (8) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... later cases--that Section 80 is express, explicit and mandatory and admits of no implications or exceptions. Section 80 peremptorily requires that no suit shall be filed against the Government or a public officer in respect of anything done in his official capacity until after the expiry of two months from the service of a notice in the manner therein prescribed stating the cause of action, the name, description and place of residence of the plaintiff and the reliefs which he claims. There is no dispute that the name, description and place of residence of the plaintiff and the reliefs claimed have been sufficiently stated in the notice. The only question is whether the cause of action has been so stated therein. Both the Courts below have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vations of Brett J. in Cooke v. Gill, (1873) 8 CP 107 and to the definition of cause of action given in Read v. Brown, (1888) 22 QBD 128 which are all referred to in 75 Ind App 121 : Lord Esher M. R., defined cause of action to mean Every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court. It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved. Fry L. J. agreed and said: Everything which, if not proved, gives the defendant an immediate right to judgment, must be part of the cause of action. To the same effect are the observations of Lopes L. J. in Mst. Chand Ko ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m; that godown rent would not be paid for two months; that annas eight per maund would be charged as overall charges for handling the goods including commission etc.; that the first defendant had paid the prices of the goods and the overall charges but had failed to pay the godown rent amounting to ₹ 28,444-6-6 and the plaintiff claimed ₹ 27,000 in round figures besides interest and lawyer's fees. The plaint makes it clear that the only claim was for godown rent and interest at six per cent. per annum thereon and lawyer's fees for drafting and sending the notice. The averments relating to the contract for the sale of black gram and the terms thereof are only matters of history set out as matters of inducement and are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the notice, was attached for ready reference and necessary action. Paragraph 5 refers to the bill of the plaintiff which the first defendant wanted to verify from the account books. In the penultimate paragraph of the notice a claim is made for interest at the rate of nine per cent. per annum. 6. Learned counsel appearing for the appellant points out that it is not clear at all from the notice whether the plaintiff's claim is based on a contract for the payment of godown rent or on the footing of damages for use and occupation of the plaintiff's godown or through whom the first defendant is alleged to have entered into the alleged agreement for the payment of godown rent or interest thereon and he submits that in the premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assistant Marketing Officer, the second defendant. The arrangement for payment of godown rent was only incidental to the contract of supply of the goods and it is not unreasonable to infer that this arrangement was also made by and through the second defendant acting for the first defendant. The relief claimed in paragraph 2 of the notice is that the Madras Government should pay up the amount claimed and if it does not pay or the failure is found to be due to the officer of the Madras Government, then the officer concerned should be held responsible, which indicates that the transaction was through some officer and the officer concerned in this case can be no other than the Assistant Marketing Officer through whom the goods were supplied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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