CODE OF CIVIL PROCEDURE, 1908 Section 80, 80(1), 80(2)

Civil Law

CODE OF CIVIL PROCEDURE, 1908 Section 80, 80(1), 80(2)

Shakriben Lavjibhai Gohel (Decd.)

Versus

District Collector

It is axiomatic to say that the objects of the notice under Section 80 of the Civil Procedure Code are to enable the Government or public servant concerned to reconsider its or his stand in the matter and to amend or settle the claim out of the court if the stand is not well-founded. It is also established beyond doubt that the provision contained in Section 80 of the Civil Procedure Code is mandatory and the failure to comply with the requirement of the statute would necessarily be fatal to the suit. It is equally established that the notices under Section 80 of the Code of Civil Procedure are not to be literally constructed nor the court should approach in a pedantic manner for the purpose of finding out whether the notice is not according to the requirement of Section 80 of the Code of Civil Procedure and consequently the suit is premature. In order to find out whether the requirement of the statute is complied with or not, the court should take into account

  • Whether the name, description, and residence of the plaintiff are correctly given;
  • Whether the cause of action and reliefs are set out in necessary particulars;
  • Whether the notice has been delivered or left at the office of the appropriate authority, and
  • Whether the suit is instituted after the expiry of the prescribed period of two months (vide Beohar Rajendra Sinha and Ors. V. State of M.P. and Ors. 1969) Vol.1 Supreme Court Cases 796.

The only consideration which would weigh with the court at the time of granting leave is whether the suit is for obtaining urgent and immediate relief against the Government or a Public Officer where there would not be sufficient time at the disposal of the party concerned to serve the notice as required under Section 80 (1) of the Code of Civil Procedure. It is the urgency or immediate nature of the relief which would weigh with the court in deciding whether leave should or should not be granted, not the merits of the case. The only limitation which has been prescribed under Sub Section (2) of Section 80 of the Code of Civil Procedure is that the court while granting relief to file the suit, would not grant any interim relief except without notice to the Government or Public Officer concerned of showing cause against the interim relief.

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