Skip to main content

Section 80 CPC - Code of Civil Procedure - Notice.

 Section 80 CPC Description

1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the Government (including the Government of the State of Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been 4[delivered to, or left at the office of]-


(a) in the case of a suit against the Central Government, 5[except where it relates to a railway], a Secretary to that Government;


6[7[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway];


8[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;]


(c) in the case of a suit against 9[any other State Government], a Secretary to that Government or the Collector of the district; 10[***]


11[***]


and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.


12[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:


Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).


(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice-


(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and


(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]


STATE AMENDMENTS


Madhya Pradesh -(i) After sub-section (3) of Section 80 the following inserted:


"(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non applicant or where the Court Orders joinder of the State as defendant or non applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1)".


(ii) In sub-section (1) of section 80 for the words "sub-section (2)" substitute "sub-section (2) or (4)". [M.P. Act No. 29 of 1984].


1. Sec. 80 renumbered as sub-section (1) of that section by Act No. 104 of 1976, sec. 27 (w.e.f. 1-2-1977).


2. Subs, by Act No. 104 of 1976, sec. 27 for "No suit shall be instituted' (w.e.f. 1-2-1977).


3. Subs. by Act 26 of 1963, sec. 3 for "shall be instituted against the Government" (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948 for "instituted against the Crown".


4. Subs. by the A.O. 1937, "in case of the Secretary of State in Council, deliver to , or left at the office of a Secretary to the L.G. or the COntroller ofn the district".


5. Ins. by Act 6 of 1948, sec. 2.


6. Clause (aa) ins. by Act 6 of 1948, sec. 2.


7. Clause (aa) relettered as clause (b) and the former clause (b) omitted by the A.O. 1948.


8. Ins. by the Act 26 of 1963, sec. 3 (w.e.f. 5-6-1964).


9. Subs. by the Act 26 of 1963, sec. 3 for "a State Government" (w.e.f. 5-6-1964).


10. The word "and" omitted by the A.O. 1948.


11. Clause (d) omitted by the A.O. 1948.


12. Ins. by Act No. 104 of 1976, sec. 27 (w.e.f. 1-2-1977).

Labels:

Comments

Post a Comment

Popular posts from this blog

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and inst...
3 comments
Read more

Understanding Counterclaims: A Comprehensive Guide

  Understanding Counterclaims: A Comprehensive Guide In legal proceedings, a counterclaim is a vital tool that allows defendants to assert their own claims against the plaintiff. This strategic maneuver not only defends against the plaintiff's allegations but also enables defendants to seek their own relief. In this comprehensive guide, we delve into the intricacies of counterclaims, exploring their purpose, procedures, and implications in various legal contexts. Introduction to Counterclaims Definition A counterclaim is a legal claim brought by a defendant against the plaintiff in response to the plaintiff's initial complaint. It serves as a means for defendants to assert their own rights, defenses, or causes of action arising from the same transaction or occurrence as the plaintiff's claim. Purpose The primary purpose of a counterclaim is to allow defendants to present their side of the story and seek appropriate remedies or relief. By filing a counterclaim, defendants ca...
6 comments
Read more

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous profes...
8 comments
Read more