Section 80 (c) In the case of suit against 9 [any other State Government], a Secretary to that Government or the Collector of the district;

State of A.P. & Ors. – Appellants

Versus

M/s. Pioneer Builders, A.P. – Respondent

From a bare reading of sub section (1) of Section 80 of the Code of Civil Procedure, it is plain that subject to what is provided in sub section (2) thereof, no suit can be filed against the Government or a public officer unless requisite notice under the said provision has been served on such Government or a public officer, as the case may be. It is well settled that before the amendment of Section 80 of the Code of Civil Procedure the provisions of the unamended Section 80 of the Code of Civil Procedure admitted of no implications and exceptions whatsoever and are express, explicit and mandatory. The section imposes a statutory and unqualified obligation upon the court and in the absence of compliance with Section 80 of the Code of Civil Procedure, the suit is not maintainable. (see: Bhagchand Dagdusa Gujrathi & Ors. Vs. Secretary of State for India; Sawai Singhai Nirmal Chand Vs. The Union of India and Bihari Chowdhary & Anr. Vs. State of Bihar & Ors.)

The service of notice under Section 80 of the Code of Civil Procedure is, thus, a condition precedent for the institution of a suit against the Government or a public officer. The legislative intent of the Section is to give the Government sufficient notice of the suit, which is proposed to be filed against it so that it may reconsider the decision and decide for itself whether the claim made could be accepted or not. As observed in Bihari Chowdhary (supra), the object of the Section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.

In Gopesh Chandra Das (supra)

The notice in the case of a suit against ant State Government (other than the Government of the State of Jammu and Kashmir) should be delivered to the Secretary to that Government or the Collector of the district. It should contain information’s regarding cause of action, the names, description and place of residence of the plaintiff and the relief claimed.

Section 80

(c) In the case of suit against 9 [any other State Government], a Secretary to that Government or the Collector of the district;

And, in the case of public officer, delivered to him or left 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.

 

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