Section 80 CPC | Civil Law for Judiciary Exams PDF Download

Notice under Section 80 of Civil Procedure Code, 1908

• Section 80 of the Civil Procedure Code (CPC) mandates sending a notice before legal action against the government or a public officer for seeking compensation related to official duties.
• After sending the notice, a waiting period of two months is required before filing a lawsuit, allowing time for the official to respond.

When suing the government or a public officer, a written notice is necessary under Section 80 of the Code before initiating legal proceedings:

• If suing the Central Government (excluding railway matters), address the notice to the Secretary of that Government.
• For cases involving the Central Government and railways, direct the notice to the General Manager of the railway.
• If the lawsuit concerns the Government of the State of Jammu and Kashmir, send the notice to the Chief Secretary or an authorized officer.
• In cases against any other state Government, address the notice to the Secretary of that Government or the district's Collector.
• For lawsuits against a public officer, the notice should be sent directly to the concerned officer.

There is an exception allowing immediate legal action without notice if urgent relief is required, subject to court permission. Lack of urgency may result in the court rejecting the filing.

Section 80 of the CPC

Legal Provision for Suing the Government or Public Officers

• Generally, no lawsuits can be filed against the Government or public officers for acts done in their official capacity without prior notice.

Notice Requirement

• Before filing a suit, a written notice must be served to the appropriate authority or officer, stating the cause of action, plaintiff's details, and relief sought.

Specific Notification Recipients

• If the suit is against the Central Government, the notice should be sent to the Secretary, except for railway-related matters where it should go to the General Manager of the railway.
• In cases involving the Government of the State of Jammu and Kashmir, the notice should be addressed to the Chief Secretary or an authorized officer.
• For suits against any other State Government, the notice must be sent to the Secretary or the District Collector.

Exception for Urgent Relief

• If urgent relief is required, a suit can be filed without prior notice with the court's permission.
• However, the court must provide the Government or officer with an opportunity to respond before granting any relief.
• If no urgent relief is deemed necessary, the court may return the plaint for proper notice serving.

Dismissal of Suits

• A suit cannot be dismissed solely due to errors or defects in the notice, provided that the plaintiff's details and cause of action are clearly stated.

Understanding Section 80 of the CPC

• Essence of Section 80: Section 80 of the CPC necessitates sending a formal notice to the government or a public officer before initiating legal action against them for specific types of claims. This notice serves as a formal communication to inform them about the intention to sue, offering them a chance to address the issue before it escalates to court.
• Applicability: This requirement applies to two primary scenarios: suits against the government and suits against public officers for actions conducted in their official capacity.

Key Components of Section 80

• Sub-section Breakdown: Section 80 comprises three sub-sections, each serving a distinct purpose.
• Delivery of Notice: The first sub-section specifies who should receive the notice and where it should be delivered based on the nature of the case.
• Exceptions: The second sub-section highlights situations where providing notice may not be mandatory, such as in emergencies.
• Content Requirements: The third sub-section outlines the specific information that the notice must contain.

Judicial Interpretations

• Case Precedents: Legal cases like State of Maharashtra v. Chander Kant and State of Madras v. Chitturi Venkata Durga Prasadrao have provided clarity on when notice is obligatory, especially emphasizing distinctions between suits against the government and public officers.

Section 80(1): Notice Delivery

• Specifics: This section delineates where the notice should be delivered depending on the entity being sued, ensuring clarity on the delivery process.

Section 80(2): Urgent Relief Exception

• Exception Clause: This provision allows for immediate relief against the government in urgent situations, provided reasonable cause for urgency is demonstrated.

Section 80(3): Notice Requirements

• Essential Elements: This section specifies the core information that must be included in the notice, safeguarding against minor errors that could otherwise invalidate the suit.

Objective of Section 80 IPC

• The primary aim of Section 80 of the CPC is to allow the government or a public officer to review and potentially settle a claim brought by a potential plaintiff if it is considered fair and just.
• Unlike private entities, the government is expected to objectively assess the situation and make a well-informed decision within a span of two months, often with legal counsel's guidance.
• This approach not only saves public resources and time but also serves the common good.
• The legislative purpose behind this provision is to prevent unnecessary legal disputes and the squandering of public funds.
• Section 80 instructs the government and public officials to engage in discussions regarding legitimate claims and resolve them without taking an unreasonable stance that could lead to unnecessary expenses from the public treasury.

Institution of Suit without Notice against Government or Public Officer

• Section 80(2) acts as an exemption to Section 80(1), allowing a plaintiff to file a lawsuit for urgent relief without serving a notice, upon court permission.
• The key condition in Section 80(2) relates to the urgency of the situation at hand.
• When it is evident to the court that immediate relief is essential and waiting for the notice period is impractical, the court can authorize the plaintiff to proceed with the case against the government without prior notice as mandated by Section 80(1).
• If the court grants permission in such circumstances, the plaintiff can move forward with the legal action without waiting for the notice period to expire.

Important Points

Sec. 80 CPC is Mandatory

• Section 80 of the CPC is crucial and must be strictly followed.
• Failure to serve a notice two months before filing a lawsuit can lead to dismissal.

Urgency Consideration for Grant of Leave u/s. 80 CPC

• Courts consider urgency when granting leave for filing a lawsuit without prior notice.

Contents of Notice u/s. 80 CPC

• Name, description, and residence of the plaintiff must be provided.
• Cause of action and relief sought should be clearly outlined.
• Written notice must be delivered to the appropriate authority.
• Lawsuit should be filed after two months from notice delivery.

Errors or Defects in Notice under Section 80 CPC

• Minor errors in the notice are not fatal to the case.

Mode of Interpretation of Notice under CPC

• Notices should be interpreted practically, considering the legislative intent.

Suit for Compensation Against Railway Administration and Section 80 CPC

• Section 80 CPC applies to suits against the railway administration.

Non-Impleadment of State and Consequences

• Failure to include the State in a lawsuit can impact its validity.

Definition of Public Officer According to Section 2(17) of CPC

• Various categories of individuals are considered public officers.

Interpretation of Section 2(17)(h) and Suit Against the Coal Mines Provident Fund Commissioner

• Coal Mines Provident Fund Commissioner is considered a public officer.

Definition of Government Pleader According to Section 2(7) r/w. Order 27, Rule 8-B of CPC

• Government Pleader represents the government's interests in legal matters.

Seeking Exemption from Two Months Prior Notice under Section 80(2) CPC

• Specific procedures must be followed to seek exemption from the notice requirement.

Introduction of a New Cause of Action through Amendment and Notice under Section 80 CPC

• A fresh notice is required when introducing a new cause of action.

Agent for Government to Receive Process (Order 27, Rule 4 CPC)

• Government pleader serves as the government's agent for receiving court processes.

Second Notice under CPC after Withdrawal of First Suit (Order 23, Rule 1 CPC)

• No fresh notice is needed if a suit is withdrawn and refiled for the same cause of action.

Waiver of Notice under Section 80 CPC

• Authorities can waive the notice requirement.

Third Party Cannot Object about Notice under Section 80 CPC

• Once notice is waived by authorities, others cannot object to its absence.

Impleadment of State during Pendency of Suit and Notice under Section 80 CPC

• Failure to include the State in a lawsuit can impact its maintainability.

Death of Plaintiff after Issue of Notice under Section 80 CPC and Before Institution of Suit

• If a notice is issued before the plaintiff's death, a fresh notice may not be necessary.

Section 80 CPC Applies Only to Acts of Public Officers Done in Their Official Capacity

• Section 80 CPC specifically applies to acts of public officers in their official roles.

Notice under CPC to State Alone and Not to the Public Officer – Not Fatal

• Not serving notice to a public officer may not dismiss a suit against them.

Summary of Section 80 of CPC in India

Overview of Section 80

• Section 80 of the Civil Procedure Code (CPC) in India plays a crucial role in ensuring fairness and accountability in legal proceedings involving the government and public officers.

Notice Requirement

• Section 80 CPC necessitates sending a notice before suing the government, allowing a two-month period for officials to respond. This provision encourages the resolution of disputes through dialogue, thereby conserving public resources.
• Example: If a citizen intends to file a lawsuit against a government department for property damage, they must first serve a notice in compliance with Section 80 CPC.

Exceptions for Urgent Cases

• Exceptions are provided by the section for urgent cases, subject to court oversight. However, strict adherence to procedural requirements remains crucial.
• Example: In situations of imminent danger or irreparable harm, a plaintiff may seek immediate legal recourse without waiting for the notice period to elapse.

Procedural Requirements

• It is vital to correctly identify the intended recipient of the notice, ensure clarity in plaintiff details, and adhere to the specified timeframe for the notice period to expire.
• Example: A plaintiff sending a notice under Section 80 CPC must accurately address it to the concerned government entity and provide all necessary information to avoid legal complications.

Observance of Natural Justice Principles

• Courts must uphold the principles of natural justice when considering exemptions to the notice requirement.
• Example: In cases where immediate legal action is necessary due to exceptional circumstances, the court must ensure that the principles of fairness and equity are maintained.

This summary breaks down the key points of Section 80 of the Civil Procedure Code in India, emphasizing the importance of the notice requirement, exceptions for urgent cases, procedural requirements, and the observance of natural justice principles in legal proceedings involving the government and public officers.

Application under Section 80(2) CPC Format

• Format for initiating a suit under Section 80 of the Code of Civil Procedure against a public officer of the government of Uttar Pradesh.
• Notice of Suit under Section 80, C.P. Code against a Public Officer of a State Government, duly registered with A/D.
• Date of the notice: _________20____
• Recipient: Name and Official Designation of the Public Officer.
• Introduction of the notice under Section 80 of the Code of Civil Procedure.
• Declaration of the client's intention to bring a suit against the public officer mentioned.
• Specification of cause of action for the intended suit.
• Explanation of reliefs sought in the suit.
• Closing with "Yours Faithfully" and the signature of the Advocate.