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SECTION 79, 80 OF CODE OF CIVIL PROCEDURE 1908

How to file Suits by or against Government? How to issue Notice? Section 79 and 80 of Code of Civil Procedure 1908

Suits by or against Government and Notice are defined under Section 79 and 80 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 79 of Code of Civil Procedure 1908 "Suits by or against Government"

In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be-

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State.

Section 80 of Code of Civil Procedure 1908 "Notice"

(1)Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of-

Section 78 of Code of Civil Procedure 1908 "Commissions issued by foreign Courts"

(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;

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

and, in the case of a public officer, delivered to him or left at this 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.

(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit :

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 sub-section (1).

(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice-

(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and

(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.

STATE AMENDMENTS
Madhya Pradesh - (i) After sub-section (3) of Section 80 the following inserted:

"(4) 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)".

(ii) In sub-section (1) of section 80 for the words "sub-section (2)" substitute "sub-section (2) or (4)". [M.P. Act No. 29 of 1948]

Code of Civil Procedure 1908

What is Partial exemption of agricultural produce? What is Seizure of property in dwelling-house? Section 61 and 62 of Code of Civil Procedure 1908

What is the meaning Property attached in execution of decrees of several Courts? What is the meaning Private alienation of property after attachment to be void? Section 63 and 64 of Code of Civil Procedure 1908

What is Purchaser's title? What is the Power for State Government to make rules as to sales of land in execution of decrees for payment of money? Section 65 and 67 of Code of Civil Procedure 1908

What is the meaning Proceeds of execution-sale to be reateably distributed among decree-holders? What is Resistance to execution? Section 73 and 74 of Code of Civil Procedure 1908

What is the Power of court to issue commissions? What is Commission to another Court? Section 75 and 76 of Code of Civil Procedure 1908

What is Letter of request? What is the meaning Commissions issued by foreign Courts? Section 77 and 78 of Code of Civil Procedure 1908

How to file Suits by or against Government? How to issue Notice? Section 79 and 80 of Code of Civil Procedure 1908


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