Notice under section 80 of Civil Procedure Code, 1908

This notice captures suit to be be instituted against a public officer in respect of any act purporting to be done by such public officer in his official capacity.

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Section 80 of Civil Procedure Code states, "no suit shall be instituted against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of two months after notice in writing has been delivered to him stating the cause of action and the relief which is claimed".

Section 80 deals with two things:

  1. the service of notice in written form and
  2. the procedural rule of what should be the content of the plaint.

The main objective is to giveenough notice of the case to the government or the public officer which is proposed to be brought against him so that he can decide whether the claim of the plaintiff should be resisted or accepted. Section 80 is express and explicit, and it admits no exceptions and implications, and imposes the unqualified and statutory obligation on the court to see whether the terms strictly comply or not.

It is invalid to give notice before the cause of action has arisen. It need not be a copy of the plaint in a practical sense. It should give the information to the Government based on the claim. It is not necessary to set out all the details or facts of the case which the plaintiff intends to prove.

Essential Requirements:

There are three essential requirements of Section 80:

  • The addressee should be identified and received the communication
  • No indefiniteness or vagueness about the person giving the notice
  • The time allowed of the two months must expire before the suit is laid

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