Is CPC a Section 80 Directory?

Is CPC a Section 80 Directory?

However, section 80 of the Civil Procedure Code (CPC) says that before institution of a suit against the government or against any 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 the notice in writing has been …

What are the requirements of notice under section 80 of CPC?

Section 80 of the Code of Civil Procedure, 1908 states that if there is a suit being initiated by the plaintiff against the Government or a public officer, then the plaintiff shall give the legal notice at least 2 months prior to the date of filing the suit in the court. This is not suggestive but a mandatory period.

What is statutory notice under CPC?

A statutory notice of the proposed action under S. 80 C.P.C. is intended to alert the State to negotiate a just settlement or at least have the courtesy to tell the potential outsider why the claim is being resisted.

How many sections does CPC 1908 have?

158 sections
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

What is a section 80 notice?

What is a Section 80 Demolition Notice? This means that when there is an intention to demolish the whole or part of a building, the persons responsible will need to inform their Local Authority that they are planning to do so, before the demolition work is carried out.

When a plaintiff can institute a suit without service of notice under section 80 of the CPC?

A plaintiff who gives notice under Section 80 and institutes a suit before two months, but is allowed to withdraw the same with liberty to file a fresh suit, is entitled to institute a fresh suit without a fresh notice. The Law Commission was not in favour of this provision.

Where sole plaintiff dies the suit will right if sue survives?

There is no doubt that when a sole plaintiff in a suit dies and the right to sue servives and no application is made to bring on record the legal representatives of the deceased plaintiff, the suit shall abate so far as the deceased plaintiff is concerned, which means that the suit cannot go on and if nothing further …

Is an applications under section 10 of CPC mandatory or it can be waived under certain circumstances?

Thus Section 10 provides a rule of procedure and although it is mandatory in the sense that if a party, applies for staying the trial of the subsequently instituted suit, during the pendency of the previously instituted suit or an appeal or second appeal arising therefrom, then the court has no alternative but to stay …

What is difference between section and order?

Thus a Section provides all the provisions related to the general principles of the civil jurisdiction whereas the order prescribes the procedures and the methods that are required to proceed with the civil cases.

Who may be joined as plaintiffs and defendants?

All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs. The test is whether any common question of law or fact would arise if such persons brought separate suits (Order 1 Rule 1). Who will be joined as Defendants?

What is section 80 of the Code of procedure?

SECTION 80 EXPLAINED Section 80 includes a code of procedure that makes it obligatory for a notice to be issued before a lawsuit is brought against the government or against a public official. Therefore, this section defines two categories of cases: litigation against the government

What is notice under Section 80 of IPC?

Beohar Rajendra Singh v. State of Madhya Pradesh: The object of the notice under S. 80, C.P.C. is to give to the Government or the public servant concerned an opportunity to reconsider its or his legal position and if that course is justified to make amends or settle the claim out of court.

What is section 80 of the Consumer Protection Act?

Section 80, C.P.C. is express and explicit and admits of no implications or exceptions, and it imposes statutory and unqualified obligation on the court to see that its terms are strictly complied with.

What is the procedure to file a plaint under Section 80?

The only requirement under S. 80, C.P.C. is to serve a notice on the State Government or public functionary. There is no requirement under S. 80, C.P.C. that a notice issued to a party should be filed along with the plaint.