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Criminal Procedure Code QUESTION #9517
Question 1
A issues a notice to the Government under Section 80 CPC proposing to file a suit. The notice period has not expired when A files the suit. The Government pleader argues the suit is not maintainable. Is the suit premature?
  • Yes; Section 80 CPC requires a mandatory two-month notice to the Government before instituting a suit against it; filing before the expiry of the notice period renders the suit liable to rejection or stay until the notice period expires✔️
  • No; the Government can waive the notice
  • No; notice under Section 80 is merely directory
  • No; the Court can condone the premature filing
Correct Answer Explanation
Section 80 CPC mandates a two-month written notice before suing the Government or a public officer in respect of any act done in official capacity. This is a mandatory requirement; non-compliance renders the plaint liable to rejection. The suit cannot proceed until the notice period has elapsed, though urgent injunctive relief may be sought.