Section 80 CPC

12 Jul 2025 --
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📘 Section 80 CPC – Notice of Suit against Government or Public Officers

Text of Section 80 CPC

Section 80. Notice of suit to be given to Government or Public Officers
(1) No suit shall be instituted against the Government or a Public Officer in respect of any act done by such public officer in his official capacity until the expiration of two months after a notice in writing has been delivered to the Government or the Public Officer, stating the cause of action, the name, description and place of residence of the plaintiff, and the relief which he claims.
(2) The provisions of this section shall apply to any suit against a corporation established by a Central, Provincial or State Act to which the Government has the power to appoint more than one-half of the total number of directors or other governing body.
(3) Nothing in this section shall be deemed to apply to suits for the recovery of public revenue.

🔎 Explanation of Section 80

1. Purpose of Section 80

The primary purpose is to give the Government or Public Officer a reasonable opportunity to settle the dispute or avoid litigation by receiving prior notice.

It promotes settlement outside court and helps avoid unnecessary lawsuits.

It also protects the Government’s interests by preventing sudden suits and allowing it to prepare a defense.

2. Who does Section 80 apply to?

The Government: Central Government, State Government, or any Government authority.

Public Officers: Officers acting in their official capacity.

Corporations with Government control: If the Government controls more than 50% of directors or governing body members.

Exceptions: Suits for recovery of public revenue (e.g., tax recovery) are excluded.

3. Requirement of Notice

The notice must be a written communication.

It must clearly state:

The cause of action (what the grievance is).

The name, description, and residence of the plaintiff.

The relief claimed (what the plaintiff wants from the court).

The notice must be delivered at least two months before the suit is filed.

4. Effect of Non-Compliance

If the plaintiff files the suit without serving this notice, the court must dismiss or stay the suit until compliance.

The suit is not maintainable without proper notice.

⚖️ Important Case Laws on Section 80 CPC

1. State of Rajasthan v. Vidhyadhari, AIR 1971 SC 1291

Held: The notice under Section 80 must be strictly complied with.

The purpose is to enable the Government to take early steps to settle the dispute.

The Court held that non-compliance is a fatal defect.

2. Collector, Land Acquisition, Anantnag v. Mst. Katiji, AIR 1987 SC 1353

Held: The notice must disclose the cause of action clearly.

The notice should give sufficient detail to enable the Government to understand the claim.

However, mere technical defects in the notice will not invalidate it, provided the substance of the requirement is met.

3. Union of India v. Shiv Kumar, (1989) 3 SCC 499

Held: The two months’ period is mandatory.

The Court has no power to waive this period.

It ensures Government’s protection and time to respond.

4. Ashok Kumar Sharma v. Union of India, (1993) 4 SCC 148

Held: Section 80 applies only where the cause of action arises from acts done in official capacity.

If the action does not arise from official duty or public function, the requirement does not apply.

📝 Summary

Aspect	Explanation
Purpose	To give Government/public officer prior notice and opportunity to settle disputes out of court.
Applicability	Suits against Government, public officers acting officially, and controlled corporations.
Notice Requirements	Written notice specifying cause of action, plaintiff details, relief claimed; served 2 months before suit.
Exception	Suits for recovery of public revenue.
Effect of Non-Compliance	Suit not maintainable; dismissal or stay until notice served.
Nature of Notice	Must be clear and sufficiently detailed, but minor defects are not fatal.