The Judicial Committee observed: "To argue as appellants did, that the plaintiffs had a right urgently calling for a remedy, while section 80 is mere procedure, is fallacious, for section 80 imposes a statutory and unqualified obligation upon the Court." This decision was subsequently followed by the Judicial Committee in Vellayan vs Madras Proince.(7) The dictum laid down by the Judicial Committee in Bhagchand Dagadusa vs Secretary of State for India.(3) was cited with approval and followed by a Bench 314 of five Judges of this Court in Sawai Singhai Nirmal Chand vs Union of India.(1) It must now be regarded as settled law that a suit against the Government or a public officer, to which the requirement of a prior notice under Section 80 C.P.C. is attracted, can not be validly instituted until the expiration of the period of two months next after the notice in writing has been delivered to the authorities concerned in the manner prescribed for in the Section and if filed before the expiry of the said period, the suit has to be dismissed as not maintainable.