A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended civil suit.
The core purpose is to provide the authorities with an opportunity to review the claim and potentially settle the matter without long drawn litigation.
Contents to be included in the notice
The notice must explicitly state the full name, father’s name, description, and residential address of the person intending to file the suit. This allows the concerned authorities to identify the person serving the notice.
A clear and detailed account of the facts and circumstances that gave rise to the claim. This must explain the specific act or omission by the government or public officer that led to the grievance to be taken before the court.
The notice must specify the exact compensation, injunction, or other relief that the plaintiff intends to seek from the court.
The notice, in writing, must be delivered to the office of the appropriate authority being sued.
Regarding government matters it should be the Secretary to the government, except for railway matters. For Railways, it is the General Manager of that Railway.
In the case of State Government, The Secretary to that government or the Collector of the district must be given notice.
In the case of a public officer deliver the notice to the officer or to his office.
File the Suit only after Two Months
The suit can be filed only after the expiration of two months from the date the notice was delivered at the specified office. This mandatory waiting period gives the authorities time to respond.
The suit filed in court must contain a statement confirming that the notice under Section 80 was delivered in the prescribed manner.
Seek Court’s Permission and File the Suit in case of Urgency
In cases where urgent or immediate relief is required, a suit may be instituted with the court’s permission without issuing the two-month notice.
If the court determines that no urgent relief is necessary, it will return the plaint for the plaintiff to first comply with the notice requirement.
