Section 80 cpc.
Querist :
Anonymous
(Querist) 15 August 2011
This query is : Resolved
If I want to file any case against the Goverment of any goverment official then the notice under section 80 of the CPC, 1908 require under the Law. But if you want to proceed against the Goverment of any goverment official under the Writ jurisdiction before the Hon'ble High Court, the said notice is not require, only representation is require.
So what does the representation is required means ?
Also if Writ Petition is filed than section 80 of CPC, 1908 is not applicable really ? Any case law.
Thanks
R.Ramachandran
(Expert) 15 August 2011
For filing a writ petition against a Government or Government Agency, the notice u/s. 80 CPC is not a must. However, at least some representations must have been given in regard to the issue.
One has to be clear about the facts, before giving any view, as to what is it that you are going to file a case against an individual Government servant.
The answer would depend upon the fact - and also the question whether any prior permission of the government is required for filing such a case against the Govt. servant and also the leval/rank of the Government servant concerned.
Without these minimum details, it will not be possible to give any views.
Guest
(Expert) 15 August 2011
if it is in civil court (munsif court, sub-court, district court } you have to go with sec 80 (1) or to get benefit immediately get exemption u/s 80(2) of c.p,c.
It is also pertinent to note that High court is not a civil court for issuance/invoking of writ jurisdiction. So sec 80 will not apply. I think you understand
Querist :
Anonymous
(Querist) 15 August 2011
Sir thanks
Sir so i am right that for writ petition section 80 CPC , 1908 is not applicable.
Arvind Singh Chauhan
(Expert) 15 August 2011
The purpose of notice is to insure that Govt. authority has prior notice of the matter. Generally writ is not admitted unless you show that you have approached to seek relief before the proper authority, prior to filing of writ. If some one has approached to proper authority to seek relief, it is clear that govt. or authority has proper notice of the matter. That's why notice u/S 80 CPC is not necessary for a writ.
M/s. Y-not legal services
(Expert) 16 August 2011
Agree with experts. Section 80. C.p.c is entirely differ from civil suit for writ petition. If There also this provision is mandatory mean writ will be useless..
Raj Kumar Makkad
(Expert) 16 August 2011
Nothing to add in the detailed reply submitted by Ganesan.
