§ Section 80, CPC 1908 (in substance)

(1) Save as otherwise provided in sub-section (2), no suit shall be 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, until the expiration of two months next after notice in writing has been delivered to, or left at the office of, the officer named in the section, and, in the case of a 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.

(2) A suit to obtain an urgent or immediate relief against the Government or a public officer may be instituted, with the leave of the Court, without serving such notice; but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving the Government or the public officer a reasonable opportunity of showing cause.

(3) No suit instituted against the Government or a public officer shall be dismissed merely by reason of any error or defect in the notice, if in such notice the name, description and 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 proper office, and the cause of action and the relief claimed had been substantially indicated.

§ What it is, and what it does

• The definition. Every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court. It does not include the evidence by which those facts are proved.

• It fixes when limitation begins, since time ordinarily runs from the accrual of the cause of action.

• It fixes where the suit may be filed. Under Section 20(c), a suit may be instituted where the cause of action wholly or in part arises.

• It must appear in the plaint. Order VII Rule 1(e) requires the plaint to state the facts constituting the cause of action and when it arose, and Order VII Rule 11(a) requires rejection where the plaint does not disclose one.

• It exists independently of any notice. A cause of action accrues by the operation of facts and law; whether a notice is required depends on who is being sued.

Nature

SUBSTANTIVE: the facts giving the right to sue

PROCEDURAL: a condition precedent to instituting the suit

Against whom it matters

In every suit

Only in a suit against the Government, or against a public officer for an act in his official capacity

What it fixes

When limitation begins, where the suit may be filed, and what must be pleaded and proved

When the suit may be instituted: not before two months from delivery of the notice

Relationship

It exists whether or not notice is given

It must STATE the cause of action, so it presupposes one

If it is missing

The plaint is rejected under Order VII Rule 11(a)

The plaint is rejected as barred by law under Order VII Rule 11(d), the condition precedent not being satisfied

If it is defective

The plaint may be amended under Order VI Rule 17 where the real question is unaffected

Section 80(3): the suit is not dismissed merely for an error or defect, if the plaintiff is identifiable, the notice was delivered at the proper office, and the cause of action and relief are substantially indicated

Can it be dispensed with?

No

Yes: Section 80(2), with the leave of the court, for urgent or immediate relief

Effect on limitation

Time runs from its accrual

Section 15(2) of the Limitation Act, 1963: the notice period is EXCLUDED in computing limitation

§ The object, and the two provisions that reflect it

The object. To give the Government or the public officer an opportunity to reconsider the matter and, if the claim is just, to settle it without litigation, saving public money and the court's time.

That object explains Section 80(3). Since the purpose is to inform, a notice that achieves it is good enough, and the suit is not dismissed for an error or defect where the plaintiff is identifiable, the notice reached the proper office, and the cause of action and relief were substantially indicated.

And it explains Section 80(2). Where the relief sought is urgent or immediate, the object cannot be served by a two-month wait, so the court may grant leave to sue at once, subject to the requirement that no relief is granted without giving the other side a reasonable opportunity to show cause.

It does not, however, make the notice optional. Where sub-section (2) is not invoked, the requirement is a condition precedent, and a suit filed before the two months expire is not maintainable.