Caveat India

Notice under Section 80 CPC

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

  1. cause of action,
  2. 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

Section 80(2)-

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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