Code of Civil Procedure Section 79. Suits by or against Government.
80. Notice.— 1[(1)]
2[ Save as otherwise provided in sub-section (2), no suits 3[shall
be instituted] against the Government (including the Government of the State of
Jammu and Kashmir)] or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity, until
the expiration of two months next after notice in writing has been 4[delivered
to, or left at the office of—]
(a) in the case of a suit
against the Central Government, 5[except where it relates to a
railway] a Secretary to that Government;
6[(b)]
in the case of a suit against the Central Government where it relates to
railway, the General Manager of that railway;
7[(bb)
in the case of a suit against the Government of the State of Jammu and Kashmir,
the Chief Secretary to that Government or any other officer authorized by that
Government in this behalf;]
(c) in the case of a suit
against 8[any other State Government], a Secretary to that
Government or the Collector of the district; 9***
10* *
* * *
and, in the case of a public
officer, delivered to him or left at his office, stating the cause of action,
the name, description and place of residence of the plaintiff and the relief
which he claims; and the plaint shall contain a statement that such notice has
been so delivered or left.
11[(2)
A suit to obtain an urgent or immediate relief against the Government
(including the Government of the State of Jammu and Kashmir) or any public
officer in respect of any act purporting to be done by such public officer in
his official capacity, may be instituted, with the leave of the Court, without
serving any notice as required by sub-section (1); but the Court shall not
grant relief in the suit, whether interim or otherwise, except after giving to
the Government or public officer, as the case may be, a reasonable opportunity
of showing cause in respect of the relief prayed for in the suit:
Provided that the Court
shall, if it is satisfied, after hearing the parties, that no urgent or
immediate relief need be granted in the suit, return the plaint for
presentation to it after complying with the requirements of sub-section (1).
(3) No suit instituted
against the Government or against a public officer in respect of any act purporting
to be done by such public officer in his official capacity shall be dismissed
merely by reason of any error or defect in the notice referred to in
sub-section (1), if in such notice—
(a) the name, description
and the residence of the plaintiff had been so given as to enable the appropriate
authority or the public officer to identify the person serving the notice and
such notice had been delivered or left at the office of the appropriate
authority specified in sub-section (1), and
(b) the cause of action and
the relief claimed by the plaintiff had been substantially indicated.]
Note:
1. S. 80 renumbered as
sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
2. Subs. by s. 27, ibid.,
for “No suit shall be instituted” (w.e.f. 1-2-1977).
3. Subs. by Act 26 of 1963,
s. 3 for “shall be instituted against the Government” (w.e.f. 5-6-1964). The
words in italics were subs. by the A.O. 1948, for “Instituted against the
Crown”
4. Subs. by the A.O. 1937,
for “in the case of the Secretary of State in Council, delivered to, or left at
the office of a Secretary to the L.G. or the Collector of the District”.
5. Ins. by Act 6 of 1948, s.
2.
6. Clause (aa) ins. by Act 6
of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by
the A.O. 1948.
7. Ins. by Act 26 of 1963,
s. 3 (w.e.f. 5-6-1964).
8. Subs. by s. 3, ibid., for
“a State Government” (w.e.f. 5-6-1964).
9. The word “and” omitted by
the A.O. 1948.
10. Clause (d) omitted,
ibid.
11. Ins. by Act 104 of 1976,
s. 27 (w.e.f. 1-2-1977).
Part in Red is original provisions from CPC reproduced here for reference.
Code of Civil Procedure Section 81. Exemption from arrest and personal appearance.
Simplified
Explanation:
Section 80 deals with the notice in case of a Suit against the State.
Section 80 (1) of the Code requires prior notice of two months to be served on the Government as a condition for filing a suit except when there is urgency for interim order in which case the Court may not insist on the rigid rule of prior notice. The two month’s period has been provided for so that the Government shall examine the claim put up in the notice and has sufficient time to send a suitable reply. These provisions cast an implied duty on all concerned Governments and States and statutory authorities to send appropriate reply to such notices.
Whenever any statute requires service of notice as a condition precedent for filing of suit or other proceedings against it, to nominate, within a period of three months, an officer who shall be made responsible to ensure that replies to notices under Section 80 or similar provisions are sent within the period stipulated in a particular legislation. The replies shall be sent after due application of mind. Despite such nomination, if the Court finds that either the notice has not been replied or reply is evasive and vague and has been sent without proper application of mind, the Court shall ordinarily award heavy cost against the Government and direct it to take appropriate action against the concerned Officer including recovery of costs from him.
Judgment:
In Ram
Kumar & Anr. V. State of Rajasthan & Ors., AIR 2009 SC 4, the Apex Court
considered a case where a land had been allotted to a person in lieu of his
land acquired under the Land Acquisition proceedings and mutation had taken
place after exchange of possession. Subsequently the exchange deed was revoked.
In such a fact situation, it was held that Section 80 notice served upon the
District Collector would not bar the suit merely because the notice had not
been served on the District Education Officer, who was involved in earlier
proceedings, for the reason that he was not acting in his official capacity and
was involved only for the re-delivery of possession. Thus, no notice under
Section 80 CPC is required before filing suit if the act done by public officer
is not in discharge of his official duties.
Section 79. Suits by or against Government.
Section 80. Notice.
O1 R9 Misjoinder and nonjoinder
O1 R10 Suit in name of wrong plaintiff.
O27 R1. Suits by or against Government.
Chief Conservator of Forests, Government of A.P. V. Collector & Ors
Salem Advocate Bar Association, Tamil Nadu V. Union of India
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