Section 80 of the Code of Civil Procedure (CPC), 1908 (CPC) mandates a two-month written notice before filing a suit against the Government or a public officer for actions taken in their official capacity. The mandatory two-month waiting period is excluded from the calculation of the limitation period.
The precise object of the notice contemplated under the Section is to give the concerned Government and public officers an opportunity to reconsider the legal position and to make amends or settle the claim, if so advised, without litigation.
The legislative intention behind the Section is that public money and time should not be wasted on unnecessary litigation, and that the Government and public officers should be given a reasonable opportunity to examine the claim made against them, lest they be drawn into avoidable litigation. The purpose of the Section is the advancement of justice, but it is not intended to be used as a bootstrap against ignorant and illiterate persons.
The whole object of serving a notice under Section 80 CPC is to give the Government sufficient warning of the case which is going to be instituted against it, so that the Government, if it so wishes, may settle the claim without litigation or afford restitution without recourse to a court of law.
The notice must be delivered to specific authorities, such as the relevant Secretary or District Collector, depending on the nature of the suit.
