“Before filing a suit a gainst government under Section 80 of Civil Procedure Code it requires a
notice to be given to the government of -”
MP 2019 · prelims · 1×
“Civil Procedure Code - Which one comes in the preview of "formal defect" for withdrawal of
suit under Order 23 Rule 1(3) of C.P.C.?”
MP 2022 · prelims · 1×
“Limitation Act - In which case Supreme Court has held that Where a plaintiff serves notice
under Section 80, CPC on the defendant on the la”
RJ 2024 · prelims · 1×
“Which of the following statement is not correct regarding the notice in writing given under Section 80 the Code of Civil Procedure, 1908?”
DL 2019 · prelims · 3×
“Notice under Section 80 of the CPC is required, for filing a suit against:”
Derived from the verified prelims archives; descriptions are the original question wording. This panel is data-derived, not editorial commentary — the official text above is verbatim. Generated questions are never presented as real PYQs.
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 and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after 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[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
7[(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 authorized by that Government in this behalf;]
(c) in the case of a suit against 8[any other State Government], a Secretary to that Government or the Collector of the district; 9***
10* * * * *
and, in the case of a public officer, delivered to him or left at his 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 has been so delivered or left.
11[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and 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 as required by sub-section (I); 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 referred to in sub-section (I), if in such
(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 and such 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.]
