Procedure and Requirements for Serving Notice under Section 80 of CPC
Purpose of Section 80 CPC:
Section 80 of the Code of Civil Procedure, 1908 (CPC) provides for a mandatory notice before suing the government, public officials, or public servants. Its purpose is to give the government an opportunity to resolve the dispute and prevent unnecessary litigation.
Requirements for Serving Notice under Section 80 CPC:
Necessity of Serving Notice:
If the government (Union or State) or a public official acting in his official capacity is the defendant, then it is mandatory to serve a notice before the suit.
If a person is filing a suit in his personal capacity against an official acting in public function, then notice is not required.
Format of Notice:
The notice should be in writing.
It should clearly state the type of relief the plaintiff wants and the reason for the same.
It should be sent to the concerned government department or official.
Who is required to send the notice?
In cases of Central Government:
To the Secretary of the concerned Ministry or Department.
In cases of State Government:
To the Secretary of the concerned Department or
If the matter is related to Railways, then to the General Manager (General Manager, Railway).
In person against a Government Officer:
To the officer whose decision or action is being challenged.
Mode of sending notice:
The notice should be sent through Registered Post / Speed Post.
It is advisable to keep an acknowledgement safe.
If possible, a copy of the notice can also be sent by email or fax.
Time limit of notice:
A suit can be filed only after two months (60 days) of sending the notice.
If emergency relief (Injunction or Stay Order) is required, a suit can be filed immediately by taking prior permission from the court.
Key points to be included in the notice:
Name, address and contact details of the plaintiff.
Name and government department of the defendant.
Brief description of the claim and legal basis.
Description of the relief being sought.
List of relevant documents.
Date and signature of notice.
Important judicial views:
Bihari Chowdhary & Anr vs State of Bihar & Ors (1984 SC) – This decision makes it clear that the purpose of Section 80 notice is to ensure justice, and not to reject the suit on the basis of technical formalities.
State of Punjab vs Geeta Iron & Brass Works Ltd (1978 SC) – In this, the Supreme Court said that the purpose of the notice is to provide an opportunity to resolve the dispute, and if there is a trivial error, it can be ignored.
Special situations where notice is not required:
When urgent relief is required.
The petition is filed under Article 226 of the Constitution (writ petition in High Court).
The suit filed by a company or individual is against the personal acts of a government official.
