Notice u/s cpc to govt department before filing case
VISHNU
(Querist) 25 August 2011
This query is : Resolved
Sir
whether it is mandatory to give advance notice of 60 days under CPC to govt department befor filing a case/ otherwise the court shall not maintain the suit. Any settled case law please.
Guest
(Expert) 25 August 2011
Yes its mandatory as per law says.
VISHNU
(Querist) 25 August 2011
We extend thanks to ld counsels who took pain to admit that notice u/s 80 CPC IS mandatory before filing the suit otherwise the suit is not maintainable.
Guest
(Expert) 25 August 2011
you can also get benefit u/s 80(2) of c.p.c. for urgent relief without any previous legal notice.
VISHNU
(Querist) 26 August 2011
We again extend thanks to expert Mr S Ganesan for his very important views. Great thanks
We are here only affirmed that if notice u/s 80 cpc not given then suit against govt department is not maintainable and most liable to be dismissed. Pls confirm if you agree.
venkatesh Rao
(Expert) 26 August 2011
Unless issue of notice before suing is condoned by the Court u/s 80(2) CPC., suit is not maintainable.
Guest
(Expert) 26 August 2011
Whether it is maintainable or not it depends upon the discretionary power of the court if you don't serve the notice.
Here is the section 80 subsection (2) said;
[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and 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).
