SUITS BY OR AGAINST THE

GOVERNMENT OR PUBLIC OFFICERS

IN THEIR OFFICIAL CAPACITY

SECTIONS: 79-82
ORDER 27
 SECTION.79- SUITS BY OR AGAINST
GOVERNMENT

In a suit by or against the Government, the authority to be

named as plaintiff or defendant, as the case may be, shall be:

(a) in the case of a suit by or against the Central Government, the

Union of India
(b) in the case of a suit by or against a State Government, the
State.
 SECTION.80- NOTICE

No suits shall be instituted against the Government (including the

Government of the State of Jammu and Kashmir) or against a
public officer in respect of any act purporting to be done by such
public officer in his official capacity, until the expiration of two
months next after notice in writing has been delivered to, or left
at the office of the concerned person
 WHO IS THE CONCERNED PERSON

(a) in the case of a suit against the Central Government, 10[except

where it relates to a railway a Secretary to that Government;

(a) in the case of a suit against the Central Government where it

relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of the State of

Jammu and Kashmir, the Chief Secretary to that Government or
any other officer authorized by that Government in this behalf;

(c) in the case of a suit against any other State Government, a

Secretary to that Government or the Collector of the district
 State of A.P v. Gundugola Venkata, AIR 1965 SC 11

When a question arises as to whether all the essentials of a notice has been
complied with, the Court will ask the following questions:

 Whether the name, description, and place of residence of the person giving
the notice was properly stated so as to identify the person with the above
said particulars?
 Whether the cause of action of the plaintiff and the relief sought by him has
been properly enunciated?
 Whether the notice under Section.80 of the Code has been delivered or left
at the office of the person concerned as stipulated in the Code?
 Whether the suit was instituted after the expiry of the two months period
stipulated in the code, and whether the notice contained a statement that
such notice has been delivered or left?
 ESSENTIALS OF A NOTICE

 Name, description and place of residence of the plaintiff

 Cause of action

 Relief claimed

 Statement that such notice has been delivered or left

Purpose behind the provision has been highlighted by the Supreme
Court in:

Bihari Chowdhary v. State of Bihar [ AIR 1984 SC 1043]

“The section has been enacted as a measure of public policy with the
object of ensuring that before a suit is instituted against, the
Government or the public officer is afforded an opportunity to
scrutinize the claim in respect of which the suit is proposed to be filed
and if it is found to be a just claim, to take immediate action and
thereby avoid unnecessary litigation and save public time and money
by settling the claim without driving the person, who has instituted
the notice involving considerable expenditure and delay”
 OBJECT OF NOTICE

 Give an opportunity to the Government or public officer to

consider the legal position
 Obtain legal advice and take appropriate decision in public
interest
 Negotiate just claims and settle them
 Avoiding unnecessary litigation
 Save public time and money
 Advancement of justice and securing public good
 When notice not necessary [S.80(2)]

 Enables plaintiff to file a suit for obtaining urgent or immediate relief

with the leave of the Court even without serving notice
 Exception to rule laid down in S.80(1)
 Object: prevent failure or miscarriage of justice in urgent cases
 Court shall not grant relief in the suit, whether interim or otherwise,
except after giving reasonable opportunity of showing cause in respect
of the relief prayed for in the suit
 if the Court is satisfied, after hearing the parties, that no urgent or
immediate relief need be granted in the suit, it may return the plaint
for presentation to it after complying with the requirements of sub-
section (1).
 Technical defect in notice [S.80(3)]

No suit instituted against the Government or against a public officer shall

be dismissed merely by reason of any error or defect in the notice, if in such
notice:

(a) the name, description and the residence of the plaintiff had been so
given as to enable the appropriate authority or the public officer to
identify the person serving the notice
(b) such notice had been delivered or left at the office of the appropriate
authority specified in sub-section (1)
(c) the cause of action and the relief claimed by the plaintiff had been
substantially indicated.
Exemption from arrest and personal appearance[S.81]

In a suit instituted against a public officer in respect of any act purporting

to be done by him in his official capacity:

(a)the defendant shall not be liable to arrest nor his property to

attachment otherwise than in execution of a decree, and,

(b)where the Court is satisfied that the defendant cannot absent himself
from his duty without detriment to the public service, it shall exempt
him from appearing in person.
 Execution of decree[S.82]

When a suit is instituted by or against the Government or public officer,

and the decree is passed against the Union India or a State or a public
officer, such decree shall not be executed unless it remains unsatisfied
for the period of three months computed from the date of such decree.

These provisions shall also apply in relation to an order or award as

they apply in relation to a decree
 Procedure under Order 27

Order XXVII of CPC enumerates the procedure to be followed for suits by or

against the Government or Public Officers in their official capacity.