Civil Procedure Code 1908

80. Notice.
1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the
Government (including the Government o the State o !ammu " #ashmir)] or against a public o icer in respect o an$ act purporting to be done b$ such o icer in his o icial capacit$, until the e%piration o two months ne%t a ter notice in writing has been &[delivered to, or le t at the o ice o ](a) in the case o a suit against the 'entral Government, ([e%cept where it relates to a railwa$], a Secretar$ to that Government)

*[+[(b)] in the case o a suit against the 'entral Government where it relates to railwa$, the General
,anager o that railwa$])

-[(bb) in the case o a suit against the Government o the State o !ammu and #ashmir the 'hie
Secretar$ to that Government or an$ other o icer authorised b$ that Government in this behal )] (c) in the case o a suit against .[an$ other State Government], a Secretar$ to that Government or the 'ollector o the district) 1/[000] 11[000] and, in the case o a public o icer, delivered to him or le t at this o ice, stating the cause o action, the name, description and place o residence o the plainti and the relie which he claims) and the plaint shall contain a statement that such notice has been so delivered or le t1

12[(2) 2 suit to obtain an urgent or immediate relie against the Government (including the
Government o the State o !ammu " #ashmir) or an$ public o icer in respect o an$ act purporting to be done b$ such public o icer in his o icial capacit$, ma$ be instituted, with the leave o the 'ourt, without serving an$ notice as re3uired b$ sub-section (1)) but the 'ourt shall not grant relie in the suit, whether interim or otherwise, e%cept a ter giving to the Government or public o icer, as the case ma$ be, a reasonable opportunit$ o showing cause in respect o the relie pra$ed or in the suit4 5rovided that the 'ourt shall, i it is satis ied, a ter hearing the parties, that no urgent or immediate relie need be granted in the suit, return the plaint or presentation to it a ter compl$ing with the re3uirements o sub-section (1)1 (3) 6o suit instituted against the Government or against a public o icer in respect o an$ act purporting to be done b$ such public o icer in his o icial capacit$ shall be dismissed merel$ b$ reason o an$ error or de ect in the notice re erred to in sub-section (1), i in such notice(a) the name, description and the residence o the plainti had been so given as to enable the appropriate authorit$ or the public o icer to identi $ the person serving the notice and such notice had been delivered or le t at the o ice o the appropriate authorit$ speci ied in sub-section (1), and (b) the cause o action and the relie claimed b$ the plainti had been substantiall$ indicated1]

STATE AMENDMENTS Madhya Pradesh -(i) 2 ter sub-section (3) o Section -/ the ollowing inserted4 7(&) where in a suit or proceeding re erred to in 8ule 39 o :rder 1, the state is ;oined as a de endant or non applicant or where the 'ourt orders ;oinder o the State as de endant or non applicant in e%ercise o powers under 8ule 1/(2) o :rder 1 such suit or proceeding shall not be dismissed b$ reasons o :mission o the plainti or applicant to issue notice under sub-section (1)71 (ii) <n sub-section (1) o section -/ or the words 7sub-section (2)7 substitute 7sub-section (2) or (&)71 [,151 2ct 6o1 2. o 1.-&]1

11 Sec1 -/ renumbered as sub-section (1) o that section b$ 2ct 6o1 1/& o 1.+*, sec1 2+ (w1e1 1 1-2-1.++)1 21 Subs, b$ 2ct 6o1 1/& o 1.+*, sec1 2+ or 76o suit shall be instituted= (w1e1 1 1-21.++)1 31 Subs1 b$ 2ct 2* o 1.*3, sec1 3 or 7shall be instituted against the Government7 (w1e1 1 (-*-1.*&)1 >he words in italics were subs1 b$ the 21:1 1.&- or 7instituted against the 'rown71 &1 Subs1 b$ the 21:1 1.3+, 7in case o the Secretar$ o State in 'ouncil, deliver to , or le t at the o ice o a Secretar$ to the ?1G1 or the ':ntroller o n the district71 (1 <ns1 b$ 2ct * o 1.&-, sec1 21 *1 'lause (aa) ins1 b$ 2ct * o 1.&-, sec1 21 +1 'lause (aa) relettered as clause (b) and the ormer clause (b) omitted b$ the 21:1 1.&-1 -1 <ns1 b$ the 2ct 2* o 1.*3, sec1 3 (w1e1 1 (-*-1.*&)1 .1 Subs1 b$ the 2ct 2* o 1.*3, sec1 3 or 7a State Government7 (w1e1 1 (-*-1.*&)1 1/1 >he word 7and7 omitted b$ the 21:1 1.&-1 111 'lause (d) omitted b$ the 21:1 1.&-1 121 <ns1 b$ 2ct 6o1 1/& o 1.+*, sec1 2+ (w1e1 1 1-2-1.++)1