Notice under Section 80 CPC: Everything You Should Know

According to section 80 of Civil Procedure Code (CPC), 1908, it is mandatory to give a notice before filling a case against government or public officer. So, if you ever plan to file a case against the Government or a public officer in India, you can’t go straight to court. The law first requires you to send a written notice to the Government or the officer concerned. 

The idea behind this notice under Section 80 CPC is simple, it gives the Government a fair chance to settle the dispute before it turns into a lawsuit. Let’s understand what this section means, why it’s important, and how to send such a notice correctly.

What is Section 80 CPC?

Section 80 CPC applies when someone wants to file a suit by or against the Government or a public officer. It makes it compulsory for the person filing the case to send a written legal notice two months before approaching the court.

Who the notice should be sent to depends on whom you’re suing:

• For the Central Government, it must be addressed to the Secretary of the relevant department.
• For the State Government, it should be sent to the Secretary of the department or the District Collector.
• If the case involves a public officer, the notice must be delivered directly to that officer.

What is the importance of Section 80 notices?

The importance of notice under Section 80 CPC lies in ensuring fairness before litigation begins. It gives the Government time to review the complaint and possibly resolve the issue without court interference.

Some key benefits are:

• Reduces unnecessary court cases by promoting early settlements.
• Gives both parties time to prepare or negotiate.
• Encourages transparency and fairness in public administration.
• Saves time and costs for both the citizen and the Government.

Skipping this step can lead to your case being rejected at the very start.

What are the objectives of notice under Section 80 CPC?

The objectives behind this section are straightforward:

1. To allow the Government or officer to understand and resolve the dispute.
2. To avoid unnecessary litigation and save public resources.
3. To prevent surprise or sudden legal action against a public authority.
4. To promote accountability and responsible governance.

What are the contents and requisites of a Notice under Section 80 CPC?

A legal notice under Section 80 CPC must be drafted with precision. It should clearly state who is sending it, why it’s being sent, and what relief is being sought.

The main requisites are:

• Name, address, and description of the person sending the notice (the plaintiff).
• Name and designation of the Government officer or department addressed.
• A clear explanation of the cause of action.
• Details of the relief or remedy demanded.
• Signature of the person or their advocate.

Note: This notice must be served at least two months before filing the actual suit.

Also Read – Types of Legal notice

What should be mentioned in a notice under Section 80 CPC?

Every valid notice under Section 80 CPC format should mention:

• The complete facts of the case.
• The specific act or omission that led to the dispute.
• The legal grounds for the claim.
• The compensation or remedy sought.
• A clear statement that a case will be filed if the issue isn’t resolved within two months.

Example: Suppose a government department wrongfully demolishes your property. Your notice should describe when and how it happened, what losses you suffered, and the compensation you expect.

How to draft the notice under Section 80 CPC? 

At eDrafter, we’ve made the process of drafting a notice under Section 80 CPC quick and straightforward. Here’s how it works:

• Visit our website- Go to edrafter.in.
• Select the service- Navigate to Services → Legal Services → Notice.
• Register your details-Fill in the required information to begin.
• Connect with an advocate- Our team connects you with an experienced advocate who will draft your notice.
• Drafting and review- The advocate prepares the notice, and you can review and request changes if needed.
• Finalization and dispatch- Once approved, the notice is finalized and sent to the opposite party through the proper legal channel.

How eDrafter can help me draft a legal notice

Drafting a legal notice under Section 80 CPC requires legal knowledge and attention to detail. eDrafter helps you manage it smoothly by offering:

• Professional drafting by experienced advocates.
• Legally compliant formats tailored to your situation.
• Fast turnaround and doorstep delivery.
• End-to-end support from drafting to dispatch.

Conclusion

A notice under Section 80 CPC is not just a formality; it’s a legal requirement before filing a case against the Government or a public officer. It gives both sides a chance to resolve the matter peacefully and ensures fairness in the justice process.

If you’re planning to send such a notice, eDrafter can guide you through every step from connecting you with an advocate to preparing and sending your notice accurately and on time.