Section 80 of The Code of Civil Procedure, 1908
Notice.
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 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[(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 notice 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 notice 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 notice referred to in sub-section (I), 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.]
Summary
- You generally cannot sue the government without giving two months of written notice first.
- This notice must explain why you are suing and what you want.
- For a railway case, the notice goes to the General Manager of that railway.
- For other central government cases, it goes to a Secretary to that Government.
- For state cases, it goes to a Secretary to the Government or the local Collector.
- If you need immediate help from the court, you can ask to skip the notice.
Practical examples
FAQ
1. How long is the notice period for suing the government under Section 80 of the 1908 Code?
Under Section 80 of the 1908 Code, you must wait two months after delivering the written notice before you can start the lawsuit.
2. Who receives the notice for a railway lawsuit under Section 80 of The Code of Civil Procedure, 1908?
For lawsuits involving a railway, Section 80 of The Code of Civil Procedure, 1908, requires the notice to be delivered to the General Manager of that railway.
3. Can a suit be dismissed for small errors in the Section 80 notice of the Civil Procedure Code?
No, Section 80 of the Civil Procedure Code states that a suit won't be dismissed for minor errors if the plaintiff's identity and the core complaint are clear.
Test yourself
1.Under Section 80 of The Code of Civil Procedure, 1908, what is the mandatory waiting period after serving notice?
2.Under Sections 79 and 80 of The Code of Civil Procedure, 1908, if suing a State Government, to whom is the notice delivered and who is the defendant?