80 CPC: Not all parties are government bodies/officials

Dear Querist,

As per ordinary practice, Section 80 CPC notice is a mandatory one needs to be issued to a statutory (government) body  before institution of any Suit involving government.

As regards said notice to private individual in the same very matter, as per my understaning, it wont be problem if you have issued the same to the enchroacher. I am of the view that it wont weaken your case.

Trust this would be fine.

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
 

In Uma"s case she has  already given a notice U/s.80 CPC, but it was not necessary, but it is not going to affect her case any way.  Even notice U/s. 80 CPC  can be waived by filing a seperate  petition to dispense with serving of 8O sec notice, if  the subject matter is urgent.  A.N.xavier Advocate -  Tirupur   09345793055

u/s 80 CPC notice will be issued to the Govt., before filing the suit, if it is issued to the encrocher it does not affect your case, you need not to worry.

It is not necesary to make Govt., as party to the suit .  You file a suit for mandatory injunction against the encroacher only it is sufficient..  If your suit is decreed  and in an execution petition court will direct the concerned department to remove the encroched area by the encroacher.

Thank you for the kind replies, I have one more question about this.

I have already got a case number for the Section 80 case. I realize that I will have to file a separate lawsuit to get the encroachment removed. Can I go ahead and send a notice to the encroacher?

I have also asked for removal of encroachment in my lawsuit under Section 80 CPC. I was not aware that I cannot ask for removal of encroachment under the 80 CPC.
Can anybody object that I cannot file another lawsuit since I have already got a case running in which the encroacher is one of the defendants and I have asked that the encroachment be removed?

Will I need to withdraw my Section 80 suit before filing a suit against encroacher for mandatory injunction?

I'm sorry if my questions are foolish, I had consulted with 2 local lawyers earlier and it's another long story but now, after getting so many enlightened and knowledgeable replies I have to rethink everything.

Thank you for replying
Uma

Notice under S.80 is a mandatory notice before filing any civil suit. Notice is for the purpose of informing the other party as to your grievance, and to see if it can be settled/rectified without the legal process. It is an opportunity given tot he other party before actual civil proceedings.

Litigation in  a court begins from the time you files a case before competent civil court. Question of withdrawal of notice does not arise.

There cannot be any suit under Sec. 80. It is provision for prior notice to the Govt. If you have filed the case against the Town Planner for wrong measurement and setting it right after giving notice to them,it is fine and in the same suit you have joined the encroacher to remove the possession and you have also asked for damages. I do not find that you have committed any blunder.

Thank you for the prompt and knowledgeable replies, I have a lot to learn but I am very encouraged that I am not alone in this.

The cpc proceadure lay  the conditon for giving prior notice to government bodies informing the intention to file civil suit. The purpose is to give an opportunity to the Government body to understnd as to where the contradiction lies and it has got an object of reaching finality and prvent frivoulous court cases as it waste the time of Stutory bodies.

But that does not perse say that your suit will be dismissed only on tht ground of not giving a notice in case if  there is merits. Non giving of notice does not make the issue ab initio void. It is voidable one and the court can decide the issues on merit

In any case you have already included the defendant being the privater person as encroacher and the suit may servive. Adv.A.RSathyan. 9822252492

Nothing to worry about because under the constitution of India even a civic body like  Municipalites  is a Self-Govt. So therefore even if You have issued  80 CPC Notice u have not committed any wrong.

But in any event if u r advised by your legal advisor that you have committed any mistake by issuing 80 CPC notice. Then file an application to Dispence with notice.  

 is it mandatory requirement that the notice should be sent to the govt through Advocates only or an individual also can send the notice u/s 80 cpc????


Please let me know who can send the notice u/s 80 cpc.


Thanks

Naveen
 

no you don't have to be a lawyer to send notice to any govt body under 80cpc