NOTICE UNDER SECTION 80 OF CPC, 1908

This article is written by Shahin Parveen of 1^st Semester of Dr. Ram Manohar Lohiya National Law University

ABSTRACT

Proper functioning of public authorities without any room for grievances is possible only in an egalitarian society. Improper functioning of public officials takes a rise in countries like India which has huge population. Being a democratic country India gives its citizen to right to sue anyone who is infringing the right of a citizen, being it government too. This paper is trying to explain every aspect of section 80 of CPC which deals with the mandates required before suing government or public officer. 

The paper starts with an introduction to the section 80 of CPC. Then it further goes on elaborating the sub-sections of section 80 of CPC. In sub-sections more specific information about methodology of serving notice to government or public officer before filling a suit has been described, like to whom the notice must be delivered in different circumstances, what all are requirements of the notice and in what situation serving a notice will not be a precondition.

Further the real intent behind serving a notice is also stated. Going ahead a few cases related to section 80 of CPC are mentioned which played a role in interpreting the section more clearly. The penultimate part of the paper shows recent developments and what the law commission reports have said regarding the section. The reports of Law commission are not showing positive response in favour of this legislation of sending notice, they are presenting a picture which seems defeating the intent of the legislation. Lastly the conclusion has been given and some improvement of flaws has also been put forward.

This paper is written with the intent to provide comprehensive knowledge about section 80 of CPC. Through this paper, the readers will gain a thorough grasp of section 80 of the CPC.

Keywords – Notice under section 80 of CPC, essentials of section 80 of CPC, objective of section 80 CPC, recent developments on section 80 of CPC

INTRODUCTION

In India, in the event of violation of right of a person, the legal framework of our country gives us the right to sue any individual or group of individuals, and government and its officials are no exception to it. A person can sue the government and its officials on infringement of his right. Generally, for suing a person, there is no need of giving a notice prior to suit. But in case of suit against government and its official this is not the case.  According to section 80 of Civil Procedure Code (CPC), 1908, it is mandatory to give a notice before filling a case against government or public officer to claim relief from mishaps caused by the government or public officer in its official capacity. Section 80 of CPC mandates that only after the expiration of two months of sending notice to the government or public official, one can sue it. The duration of two months provides time to the official for responding to the notice served to it. Thus, this section is an attempt by the law makers to settle the matters in amicable and timely manner.

SECTION 80 OF CIVIL PROCEDURE CODE (CPC), 1908

Code of Civil Procedure is a procedural law which deals with the administration of civil proceedings in India. Section 80 of CPC deals with notice. This serving of notice before suing the government or public officer is mandatory and describes two types of cases:

1. Suit against the government and
2. Suit against public officers in respect of acts done or purporting to be done by such public officers in their official capacity.

It has three sub-sections. The very first sub-section deals with, to whom the notice would be sent and deliver. The second sub-section deals with the suit in special cases like in emergency. And the last and the third one deals with the requirements of the notice.

1. Section 80(1) of CPC, 1908

According to the category they fall under, it provides the office where the written notice must be delivered.

a.) In the case of a suit against the Central Government the notice should be delivered to, or left at the office of secretary to that government except in the case against railways.

b.) In the case of a suit against the Central Government where it relates to railways, the notice must be delivered to, or left at the office General Manager of that railways:

in the case of Jammu and Kashmir, to the office of the chief secretary to that government or any other officer authorized by that government in this behalf.

c.)If the suit is against any other government, to the office of a secretary to that government or the collector of the district.

In the case of public officer, delivery to him at his office, stating the cause of action, the name, description, and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left. [1]

2. Section 80(2) of CPC, 1908

This sub-section provides exception to the sub-section (1), It exempt the court to entertain a suit dealing with urgent or immediate relief against the government on reasonable opportunity of show cause that the matter needs immediate attention. If on hearing the court is unsatisfied with the ground that urgent or immediate relief need be granted in the suit, it should return the plaint for the later presentation after satisfying the compliance needed in sub-section (1).  [2]

3. Section 80(3) of CPC, 1908

This sub-section deals with the basic requirement of notice. If those requirements are satisfied, then the suit cannot be set aside merely on the ground of any error or defect in the notice. Those basic requirements of notice are:

a.)The name, description, and the residence of the plaintiff in such vivid way that it clearly allows to identify the person serving the notice.

b.) Such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1)

c.)The cause of action and the relief claimed by the plaintiff had been substantially indicated[3].

INTENTION BEHIND SERVING NOTICE

Generally, suing someone do not required a prior condition of sending notice. But it has an objective behind making it compulsory in case of government and public officers. The underlying motive behind adding section 80 in CPC is:

a.) In case of reasonable and just reason for filling suit, a prior notice will provide an opportunity to the government or public officer to correct or accept the demand put forward by the plaintiff. It leads to speedy settlement of the grievances.

b.) In case of reasonable complaint government or public officer will get enough time of two months to settle it down or to negotiate on the issue. Which might take years if it will decide in court. 

c.)By giving a chance to negotiate and settle down the dispute this section is inserted for saving the money and time of plaintiff. It will help in avoiding money wastage in long process of litigation. [4]

CASE LAWS

There are various significant cases on Section 80 of CPC which have played a great significance in clearing the meaning and intent of the section overtime.

1. State of Andhra Pradesh vs Gundugola Venkata Suryanarayana

The court held that the if basic requirements for serving a notice mentioned in section 80 is fulfilled than the suit cannot be held defective on the ground of technical errors. The suit is not liable to be dismissed on the reason that the notice was given by two persons and the suit was filed by only one. It does not affect the legality of the notice and the case. The permission of the court must be obtained for instituting a representative suit and not for serving the notice. The Code of Civil Procedure contains no machinery for granting permission to a party seeking to serve a notice upon the Government or a public servant.[5]

2. Bihari Chowdhary & Anr vs. State of Bihar & Ors

The court held that in case of suit against public official or government, the requirement of two-month tenure before the suit and after the notice is mandatory. If the suit is filled prior to expiry of two months, then it should be dismissed on the ground of non-maintainability. The court further held that this section 80 has been enacted as a measure of public policy with the object of ensuring the accused authority for an opportunity to solve the grievance if it found to be just. This section is there to empower the accused authority to take immediate action and thereby avoid unnecessary litigation and save public time and money by settling the claim without driving the person who issued the notice, to institute the suit involving considerable expenditure and delay[6].

3. Amar Nath Dogra vs Union of India

The court held that once the notice is sent to the government or the public officer in compliance with the requirement under section 80 of CPC, the plaintiff can file the suit. But if the plaintiff wants to withdraw that suit and want to file fresh suit in such case no new notice to government or the public officer is necessary. [7]

RECENT DEVELOPMENTS

Over the horizon of time law commission has tried to check the benefits of the section 80 of CPC. But it had found unconvincing results which is defeating the purpose of the section. Also, different High Courts have taken new stances on section 80 of CPC.

1. Law Commission

The Law Commission of India highlighted in its 14th report that section 80 has proven to be difficult in several instances where quick remedy was required. In a vast number of cases, the government or the public officer failed to take advantage of the section’s opportunity; instead, they used the clause as a technical defence and the notice went unanswered.

In its another report, the commission re-examined the issue in its 27th report, noting that no other country with an Anglo-Saxon legal system had a comparable clause. Furthermore, it stated that there should not typically be a divide between the citizen and the State as envisioned by section 80 in a democratic nation like ours.[8]

2. Madhya Pradesh HC

In a recent judgment of Madhya Pradesh High Court, the HC has taken a stand that a state authority should raise voice against non-compliance of section 80 of CPC in their written statement, they cannot raise the question of non-compliance at a later stage of the suit. The court also observed that despite being a mandatory condition, the condition mentioned in section 80 CPC can be waived of by the authority concerned.[9]

Overtime various states has amended the section 80 of CPC for more clarity and for fulfilling the purpose of justice. For example, Madhya Pradesh has added sub-section 4 in section 80 of CPC through state amendment. The added sub-section states that where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non-applicant or where the Court Orders joinder of the State as defendant or non-applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1). [10]Which shows that they have tried to lower the mandates of sending notice in crucial cases like that of agricultural land.

CONCLUSION

Section 80 of CPC mandates an individual to send notice to the authority concerned for its grievances and allow person to sue only after completion of 2 months after the notice. It is inserted in CPC for providing speedy justice by saving valuable time and money of the plaintiff. The period of 2 months is there for the purpose of providing an opportunity to the concerned authority for addressing the issue and saving time of both, the accused government or public officer and the plaintiff. There is not much scrutiny have done on the success rate of this section in CPC. But the findings of Law Commission in reports point outs that this tool is not being utilised as an opportunity to resolve dispute, instead it is misused as a technical defence for delaying the justice. Legislature or Judiciary should attempt to preserve the intent of this legislation. Like the judiciary can impose exemplary damages in the cases where the accused authority is at fault, and it could correct its action within 2 months after receiving the notice. These steps can make this section more meaningful and pragmatic which can be ultimately proved helpful in reducing the giant heap of clogged cases in Indian Judicial system.

REFERENCES

1. S. 80(1), (2) and (3), The Code of Civil Procedure, 1908.
2. Bihari Chowdhary & Anr. V. State of Bihar & Ors., AIR 1984 SC 1043.
3. State of Andhra Pradesh vs Gundugola Venkata Suryanarayana, AIR 1965 SC 11.
4. Amar Nath Dogra v. Union of India, AIR 1963 SC 424.
5. Deepak Satti, Section 80 of CPC and ADR: An Analysis, ipleaders, available at https://blog.ipleaders.in/section-80-cpc-adr-analysis/ , last seen on 06/07/2023.
6. Zeeshan Thomas, State can’t pray to non-suit a party for not complying with section 80 CPC if it waived the requirement in written statement MP High Court, Live law (21/02/2023), available at https://www.livelaw.in/amp/news-updates/madhya-pradesh-high-court-suit-against-government-notice-section-80-cpc-non-compliance-damages-permanent-injunction-222138, last seen on 06/07/2023.
7. Section 80 CPC – Code of Civil Procedure – Notice., LawRato, available at https://lawrato.com/indian-kanoon/cpc/section-80, last seen on 06/07/2023.

---

[1] S. 80(1), The Code of Civil Procedure, 1908.

[2] S. 80(2), The Code of Civil Procedure, 1908.

[3] S. 80(3), The Code of Civil Procedure, 1908.

[4] Bihari Chowdhary & Anr. V. State of Bihar & Ors., AIR 1984 SC 1043.

[5] State of Andhra Pradesh vs Gundugola Venkata Suryanarayana, AIR 1965 SC 11.

[6] Bihari Chowdhary & Anr. V. State of Bihar & Ors., AIR 1984 SC 1043.

[7] Amar Nath Dogra v. Union of India, AIR 1963 SC 424 .

[8] Deepak Satti, Section 80 of CPC and ADR: An Analysis, ipleaders, available at https://blog.ipleaders.in/section-80-cpc-adr-analysis/, last seen on 06/07/2023.

[9] Zeeshan Thomas, State can’t pray to non-suit a party for not complying with section 80 CPC if it waived the requirement in written statement MP High Court, Live law (21/02/2023), available at https://www.livelaw.in/amp/news-updates/madhya-pradesh-high-court-suit-against-government-notice-section-80-cpc-non-compliance-damages-permanent-injunction-222138, last seen on 06/07/2023.

[10] Section 80 CPC – Code of Civil Procedure – Notice., LawRato, available at https://lawrato.com/indian-kanoon/cpc/section-80, last seen on 06/07/2023.