Requirements of Notice under Section 80 CPC
Notice under Section 80 CPC should be evaluated separately and dissecting both Section 80(1) and section 80(2)
What Section 80(1)
restricts or bars the institution of a suit against the “Government” or a “public officer” (in respect of an act purporting to have been done by the public officer in his official capacity); and also requires that prior to institution of a suit against a Government or a public officer, a 2 month prior notice in-writing must be delivered to such Government or public officer. The Notice under section 80 (1) should contain
- cause of action,
- name and also description and also place of residence of the plaintiff and the relief claimed and the Plaint in the suit shall contain a statement that such a notice has been so delivered or left
essentially deals with when a plaintiff seeks “urgent or immediate relief” against a “Government” or a “public officer” (in respect of an act purporting to have been done by such public officer in his official capacity) as per the provision a suit may be instituted without serving the 2 months notice as required under section 80(1), provided the leave of the court is taken for such purpose. Further stating that the court “shall not grant relief in the suit, whether interim or otherwise” except after giving to the Government or public officer, a reasonable opportunity of showing cause in respect of the relief prayed for. And in case it appears to the court that no urgent or immediate relief is needed, it shall return the plaint to the plaintiff, to be (re-)presented after complying with the requirements of section 80(1).
Raghav Chadha vs Rajya Sabha Secretariat
The Hon’ble High Court very recently in the case of Raghav Chadha vs Rajya Sabha Secretariat in FAO 264/2023 and CM APPL. Nos. 52896/2023, 52898/2023 on 17th October 2023 has dealt with the provision of Section 80 CPC wherein the suit was instituted against the Rajya Sabha Secretariat? The Hon’ble Court dealt with the core issue :
But to begin with, in this case, we must be clear as to who the defendant is; what relief has been sought in the plaint; and against whom ?
The Hon’ble Court while allowing the Appeal held “In the present matter therefore, it cannot be said that the word „Government‟ appearing in section 80 CPC would include the Rajya Sabha Secretariat. Accordingly, in the opinion of this court, section 80 CPC has no application to the suit filed by the appellant…”
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