Section 80 of CPC : Section 80: Notice.

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:

1. 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.
2. Waiting Period: Ramesh must wait for two months after delivering the notice before he can file the lawsuit.
3. 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:

1. 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.
2. Waiting Period: Priya must wait for two months after delivering the notice before she can file the lawsuit.
3. 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 reasonable opportunity to respond before granting any relief.
4. Plaint Statement: When filing the lawsuit, Priya must include a statement in her plaint confirming that she has delivered the required notice and waited for the stipulated period, or that she has obtained the court's permission for urgent relief.

Example 3:

Scenario: Anil, a resident of Chennai, wants to file a lawsuit against the Tamil Nadu State Government for not compensating him for land acquired for a public project.

Application of Section 80:

1. Notice Requirement: Anil must send a written notice to the Secretary to the Tamil Nadu State Government or the Collector of the district, detailing the cause of action, his name, description, place of residence, and the relief he seeks.
2. Waiting Period: Anil must wait for two months after delivering the notice before he can file the lawsuit.
3. Plaint Statement: When filing the lawsuit, Anil must include a statement in his plaint confirming that he has delivered the required notice and waited for the stipulated period.

Example 4:

Scenario: Sunita, a resident of Srinagar, wants to file a lawsuit against the Government of Jammu and Kashmir for not providing adequate relief after a natural disaster.

Application of Section 80:

1. Notice Requirement: Sunita must send a written notice to the Chief Secretary to the Government of Jammu and Kashmir or any other officer authorized by that Government, detailing the cause of action, her name, description, place of residence, and the relief she seeks.
2. Waiting Period: Sunita must wait for two months after delivering the notice before she can file the lawsuit.
3. Urgent Relief: If Sunita 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 Government a reasonable opportunity to respond before granting any relief.
4. Plaint Statement: When filing the lawsuit, Sunita must include a statement in her plaint confirming that she has delivered the required notice and waited for the stipulated period, or that she has obtained the court's permission for urgent relief.