Section 80 of cpc
Vinesh K Chhaya
(Querist) 15 December 2018
This query is : Resolved
A suit without applying notice to govt. officer
how to defend plaintiff against application from respondent under provision order 7 rule 11
Dr J C Vashista
(Expert) 18 December 2018
Although it is better to serve notice u/s 80 CPC to government before instituting a suit, however, it is not covered u/o VII Rule 11 CPC so that the suit can be rejected,
Section 80 CPC is directory but neither compulsory nor mandatory as decided by Supreme Court in various judgments including Salem Advocates Bar Association Vs. Union Of India.
You have valid cause of action to sue government on the basis of bills and correspondence, these are sufficient to put the officers/government to notice. The department must have taken action at their own, their omission to perform can not be ground to reject the plaint.
There are number of citations, please do necessary research at your end.
