TOPIC 7: GOVERNMENT PRIVILEGES

IN LEGAL PROCEEDINGS AND RTI

SECTION 80 CIVIL PROCEDURE CODE AND SUITS AGAINST GOVERNMENT
MS. IPSITA RAY
SYMBIOSIS LAW SCHOOL, NOIDA
SUITS BY OR AGAINST GOVERNMENT OR PUBLIC
OFFICERS: SECTION 79-82, ORDER 27
• Lays down procedure where suits are brought by or against the government
or public officers.
• Nature and Scope: section 80 enacts a procedural requirement which
mandates that no suit will be instituted against the Government or against a
public officer until a statutory notice is furnished as per the requirement of the
section.

MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA

OBJECTIVE

• The object of the notice contemplated by Sec. 80 CPC is to give to the

concerned Governments and public officers opportunity to reconsider the
legal position and to make amends or settle the claim, if so advised without
litigation- Vithalbhai (P) Ltd. vs. Union Bank of India, (2005) 4 SCC 315.

MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA

 SECTION 80 CIVIL PROCEDURE CODE
• 80. Notice— Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government
(including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act
purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in
writing has been delivered to, or left at the office of—
• (a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that
Government;
• (b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that
railway;
• (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 any other State Government, a Secretary to that Government or the Collector of the
district;
• and, in the case of a public officer, delivered to him or left at this 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.
• State of Orissa vs Madan Gopal AIR 1952 SC 12
MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA
SECTION 80 CIVIL PROCEDURE CODE

• Civil Procedure Code Amendment Act, 1976 added clause (2) to section 80 of CPC.
• Sub Section (2) of section 80 CPC deals with urgent or immediate relief.
• A suit to obtain an urgent or immediate relief against the Government (including the Government of the State
of Jammu & 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).

MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA

CONTENTS OR REQUISITES OF NOTICE U/S. 80
CPC
• The essential contents or requisites of a notice u/s. 80 CPC are as under---
(1) whether the name, description and residence of the plaintiff are given so as to enable the
authorities to identify the person serving the notice;
(2) whether the cause of action and the relief which the plaintiff claims are set out with
sufficient particularity;
(3) whether a notice in writing has been delivered to or left at the office of the appropriate
authority mentioned in the section; and
whether the suit is instituted after the expiration of two months next after notice has been
served, and the plaint contains a statement that such a notice has been so delivered or left.

MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA

EFFICACY

• In large number of cases either the notice is not replied or where replied, it is
generally vague and evasive.
• Salem Advocate Bar Assn. (2) vs Union of India (2005) 6 SCC 344-
Supreme Court issues directives for appointment of special officer who shall
be responsible for sending replies to notices within time and after due
application of mind- failure can lead to imposition of heavy cost.

MS. IPSITA RAY SYMBIOSIS LAW SCHOOL, NOIDA