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 under the Section is excluded from the calculation of the limitation period.
Purpose of Section 80 Notice
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.
What Details the Section 80 Notice May Include
- Details about the Plaintiff: The full name, description (designation, if applicable), and place of residence of the person(s) serving the notice.
- Cause of Action: A clear and detailed description of the facts, circumstances, and specific actions or omissions by the government/officer that led to the dispute.
- Relief Claimed: A clear statement of the specific remedy, compensation, or action sought from the government/officer.
- Time Period: A statement indicating a two-month waiting period before the suit is filed.
- Signatures: The notice must be signed by the person(s) sending it or their legal representative.
Where to Serve the Notice
The notice must be delivered to specific authorities, such as the relevant Secretary or District Collector, as stated in the CPC, depending on the nature of the suit.
- Central Government: The Secretary to the Government or the General Manager of Railways (if a railway suit).
- State Government: The Secretary to the Government or the District Collector.
- Public Officer: The official concerned at their office.
Judgments Relating to Section 80 Noice
The Supreme Court observed that Sec. 80 Notice is mandatory and failure to serve notice complying with the requirements of the statute will entail dismissal of the suit. [B.R. Sinha vs. State of M.P: AIR 1969 SC 1256].
The Supreme affirmed the importance of Section 80 Notice stating that if by amendment of plaint, a new cause of action is brought, then a fresh notice under Section 80 CPC is mandatory [Bishan Dayal vs. State of Orissa: (2001) 1 SCC 555].
