Code of Civil Procedure, 1908–Sec. 80–Mandate of giving the notice before filing the suit–Such objection can be raised only by the parties for whose protection the provision has been enacted in CPC and/or in various other provisions and as the same has no jurisdictional effect, other party to the suit cannot question the maintainability of the suit on account of alleged non-compliance of provisions of CPC/Act–Said non-compliance can always be waived by the party for whose protection, the provision has been made–Such aspect can only be determined when the protected party puts in appearance and or file it’s objection and/or written statement.
