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SUITS AGAINST GOVT.
Ch.3 Sections 79 & 80 Suits against Government
Suits may be (i) General or (ii) of a particular kind.
In respect of suits in general it is not necessary to give notice to the defendant before filing a civil suit. However, in respect of suits against the Government, it is essential that notice under Section. 80 C.P.C. must be served. The object is to provide an opportunity to the Govt. to reconsider the legal position, and to amend or settle the claim without any litigation. The Central Government shall be called the Union of India and the State Government shall be called the State, e.g. state of Karnataka for the purpose of serving notice. Period of notice: Two months notice is essential, as per section. 80.
In respect of suits, against the Central Government notice must be given to the Secretary to the Government. (If it relates to the rail- way, notice must be given to the General Manager of the railways).
In respect of suits against State the cause of action Government notice must be given to the Secretary to that Govt. or the Collector of the District, as the case may be.
The notice must be in writing, state the name and description and place of residence of the plaintiff and also the relief which he claims.
In case of a public officer, notice under Sn.80 must be delivered to him or left at this office.
The plaint shall contain a statement stating that notice under Sn.80 has been so delivered or left in the office of the person so concerned. If notice has not been so served, then the suit is to be dismissed.
The new C.P.C. Section. 80(2) provides that when a suit to obtain an urgent or immediate relief is to be filed then no notice is necessary if the court so permits. The court in such circumstances shall give the Govt. or the Officer, reasonable opportunity of showing cause. The court also, decides whether there is urgency or not.
No suit under Sn.80 shall be dismissed merely on technical grounds of error or defect in the notice.
If there is no urgency to grant relief, the Court returns the plaint for presentation after giving notice .It must identify the cause of action and reliefs claimed, in the notice and in the plaint.