SUIT BY OR AGAINST GOVERNMENT

A research proposal submitted in partial fulfillment for the course DRAFTING,

PLEADING & CONVEYANCING (DPC) for attaining the degree B.A., LL.B.(Hons.)

A Proposal made by SHUBHAM

Roll-1764
B.A., LL.B.(Hons.)

A Proposal submitted to Dr. B. RAVI NARAYAN SARMA

Faculty of Drafting, Pleading & Conveyancing

March , 2021

Chanakya National Law University,

Nyaya Nagar, Mithapur

Patna-800001

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AIMS & OBJECTIVE:
The Aims and Objectives of this project is to have a profound knowledge over general principle
& procedure where suits are brought by or against government as described under section 79-82
& order 27 of the Code of Civil Procedure,1908.

HYPOTHESIS:

The Researcher presumes that the main objective of inserting a provision where any private
individual can file a suit against the government without serving the notice to the public officer,
provided the matter is of an urgent nature is to make sure that miscarriage of justice does not
happen in urgent cases by delay in the proceedings.
RESEARCH METHODOLOGY:

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.

METHOD OF WRITING:

The method used in writing this research is primarily analytical.

SOURCES OF DATA:
PRIMARY SOURCES

• CODE OF CIVIL PROCEDURE,1908.

SECONDARY SOURCES

• BLOGS AND ARTICLES/JOURNALS.

• BOOKS

INTRODUCTION

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The object of the notice required by this section is to give the Secretary of State or the
public officer an opportunity to reconsider his legal position and make amends or settle the
claim, if so advised, without litigation1 or afford restitution without recourse to a court of law.
When a statutory notice is issued to public authorities, they must take the notice in all
seriousness and they should not sit over it and force the citizen to the vagaries of litigation.
They are expected to let the claimant (who has given notice), know, what stand they take,
within the statutory period, or, in any case before the plaintiff embarks upon litigation.
The Government, unlike private parties, is expected to consider the matter covered by the
notice in a most objective manner, after obtaining such legal advice as they may think fit, and
take a decision in public interest within the period of two months allowed by the section as to
whether the claim is just and reasonable and the contemplated suit should, therefore, be
avoided by speedy negotiations and settlement or whether the claim should be resisted by
fighting out the suit if and when it is instituted2 The aim is to that the researcher focused on
salient features of limitation Act it also deals with objectives and Halsbury‟s laws in England
which relates with case laws.
In Bihari Chowdhary v. State Of Bihar3, Supreme Court has Highlighted the object of Section
(80)of the civil procedure code “When we examine the scheme of the Section it becomes
obvious that the Section has been enacted as a measure of public policy with the object of
ensuring that before a suit is instituted against the Government or a public officer, the
Government or the officer concerned is afforded an opportunity to scrutinize the claim in
respect of which the suit is proposed to be filed and if it be found to be a just claim, to take
immediate action and thereby avoid unnecessary litigation and save public time and money
by settling the claim without driving the person, who has issued the notice, to institute the
suit involving considerable expenditure and delay. The Government, unlike private parties, is
expected to consider the matter covered by the notice in a most objective manner, after
obtaining such legal advice as they may think fit, and take a decision in public interest within
the period of two months allowed by the Section as to whether the claim is just and

1
Province of Bihar v. Kamakshya Naran Singh, AIR 1950 Pat 366; Raghunath Das v. Union of India, AIR 1969 SC
2
Good Legal Article on Notice Under S 80 of CPC, LAW WEB, Feb. 7, 2014 available at
http://www.lawweb.in/2014/02/good-legal-article-on-notice-under-s-80.html (last vi sited Dec 15, 2015).
3
AIR 1984 SC 1043

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reasonable and the contemplated suit should, therefore, be avoided by speedy negotiations

and settlement or whether the claim should be resisted by fighting out the suit if and when it
is instituted. There is clearly a public purpose underlying the mandatory provision contained
in the Section insisting on the issuance of a notice setting out the particulars of the proposed
suit and giving two months ‟ time to Government or a public officer before a suit can be
instituted against them. The object of the Section is the advancement of justice and the
securing of public good by avoidance of unnecessary litigation.”

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TENTATIVE CHAPTERISATION:

1) SCOPE & APPLICABILITY (Section 79 to 82 and Order 27 of the Civil Procedure Code,
1908)
2) PUBLIC OFFICER
3) TECHNICAL DEFECT OR ERROR IN NOTICE: Section 80 (3)
4) EXEMPTION FROM ARREST & PERSONAL APPEARANCE
5) PROCEDURE (ORDER 27)

BIBLIOGRAPHY:

Statutes
1. The Code of Civil Procedure, 1908.
Books
1. Takwani. C.K, Civil Procedure with Limitation Act,1963, 8th Edition, EBC Publication
Pvt. Ltd.

2. Jain, Dr. AK, Drafting, Pleading & Conveyancing, 4th Edition, 2019, Ascent
Publication,Delhi.

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