Legal Notice Format Under Section 80 CPC

Before filing a civil suit against the Government or a public officer in circumstances covered by Section 80 of the Code of Civil Procedure, 1908, a statutory notice may be required. The purpose of this notice is to inform the concerned authority about the proposed claim and provide an opportunity to consider the matter before litigation is initiated.

This page provides a Section 80 CPC legal notice format based on the standard draft, along with the key information that should be included in the notice.

What Is a Notice Under Section 80 CPC?

Section 80 CPC deals with the requirement of giving notice before instituting certain suits against the Government or a public officer. The notice communicates the claimant’s identity, the basis of the proposed claim and the relief sought.

The Supreme Court has explained that a Section 80 notice should contain sufficient information about the person giving the notice, the cause of action and the relief claimed. The notice should also be served on the appropriate authority in the manner contemplated by the provision.

Why Is a Section 80 CPC Notice Required?

The notice serves as an opportunity for the Government or concerned public authority to examine the claim before litigation is commenced. The Supreme Court has described this as an opportunity to reconsider the legal position and, where appropriate, resolve the claim without unnecessary litigation.

For an ordinary suit covered by Section 80(1), the statutory period is two months from the delivery of the notice before the suit is instituted. Section 80 also contains provisions dealing with suits where urgent or immediate relief is sought, so the circumstances of the proposed litigation must be considered before relying on a standard notice.

What Should a Section 80 CPC Notice Contain?

A Section 80 notice should provide enough information for the Government or public authority to understand who is making the claim, the cause of action giving rise to the proposed suit and the relief being sought.

The notice should also be addressed and delivered to the appropriate authority as required under Section 80. The Supreme Court has emphasised that these elements are material when determining whether the statutory notice requirement has been satisfied.

Legal Notice Format Under Section 80 CPC

The following is a ready-to-edit format based on the supplied template:

Ref. No. _____________

Dated _____________

REGD. A.D.

SUB.: Notice under Section 80, Code of Civil Procedure.

To,

The Secretary to the Government of _____________
____________________________ Department
____________________________

Under instructions from my client Shri _____________, resident of
____________________________, I hereby give you the legal notice:

That my client Shri _____________ shall file a civil suit against the
Government in the court of competent jurisdiction after the expiry
of two months from the date of service of this notice for the cause
of action and reliefs mentioned in the draft plaint enclosed herewith,
which may be treated as part of this notice.

Yours faithfully,

________________

ADVOCATE

How to Draft a Section 80 CPC Notice

Identify the Person Giving the Notice

The notice should clearly state the name, description and place of residence of the person intending to bring the suit. These details are among the matters identified by the Supreme Court as essential to a Section 80 notice.

Identify the Government Authority

The notice should be addressed to the appropriate Government authority in accordance with Section 80. The supplied format addresses the notice to the Secretary of the relevant Government department.

State the Cause of Action and Relief

The proposed claim should be sufficiently identified so that the concerned authority can understand the basis of the dispute and the relief sought. The Supreme Court has specifically recognised the cause of action and relief claimed as essential components of the notice.

Mention the Two-Month Period

For a suit to which Section 80(1) applies, the notice ordinarily precedes institution of the suit by two months. The supplied draft therefore states that the civil suit will be filed after expiry of two months from service of the notice.

Important Note

This format is provided for educational and drafting-reference purposes. Section 80 contains specific requirements regarding the contents, service and timing of notice, and the appropriate procedure may differ where urgent or immediate relief is sought. The notice should therefore be prepared and reviewed according to the facts of the particular case.