Question
Under Section 80 of CPC, before instituting a suit
against the Government, the plaintiff must serve a notice. What is the mandatory waiting period after serving such notice before filing the suit?Solution
Section 80(1) of the CPC mandates that before instituting a suit against the Central Government, State Government, or a public officer for an act done in official capacity, a two months' notice must be served. This provision is mandatory and non-compliance can result in rejection of the plaint under Order 7 Rule 11(d).
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