Section 80 of CPC : Section 80: Notice.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a resident of Delhi, wants to file a lawsuit against the Central Government for damages caused by a government construction project that allegedly damaged his property.
Application of Section 80:
- Notice Requirement: Ramesh must first send a written notice to the Secretary to the Central Government detailing the cause of action, his name, description, place of residence, and the relief he seeks.
- Waiting Period: Ramesh must wait for two months after delivering the notice before he can file the lawsuit.
- Plaint Statement: When filing the lawsuit, Ramesh must include a statement in his plaint confirming that he has delivered the required notice and waited for the stipulated period.
Example 2:
Scenario: Priya, a resident of Mumbai, wants to file a lawsuit against a public officer for wrongful seizure of her property during an official operation.
Application of Section 80:
- Notice Requirement: Priya must send a written notice to the public officer involved, detailing the cause of action, her name, description, place of residence, and the relief she seeks.
- Waiting Period: Priya must wait for two months after delivering the notice before she can file the lawsuit.
- Urgent Relief: If Priya needs urgent relief, she can seek the court's permission to file the lawsuit without waiting for two months. The court will then give the public officer a reaso...
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