section 80 of CPC
gayathri
(Querist) 27 May 2010
This query is : Resolved
can the notice under Section 80 of CPC be issued to a government owned body?
(that is a body in which the majority control vests with the government.)
please give me relevant case laws in this regard..
Raj Kumar Makkad
(Expert) 27 May 2010
Yes. Such notice can be issued to every such organization which comes in the definition of State. Section 80 CPC itself contains this definition so no specific citation is required for that purpose.
Virender Pankaj
(Expert) 28 May 2010
If A has to recover x amount from the Government, he shall server a legal notice u/s 80(1) C.P.C to Government giving 2 months time to pay the x amount, failing which A can file a suit for recovery against Government.
You are not required to serve a notice under section 80(1) C.P.C, if a suit to be filed for obtaining an urgent or immediate relief against the Government or any public officer but you shall have to file an application u/s 80(2) C.P.C with the suit for leave of the Court.
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 section 80(1) C.P.C.
