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[Cites 0, Cited by 372] [Section 80] [Entire Act]

Union of India - Subsection

Section 80(1) in The Code of Civil Procedure, 1908

(1)[Save as otherwise provided in sub-section (2), no suit shall be instituted ] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 27, for " No suit shall be instituted" (w.e.f. 1.2.1977).][against the Government (including the Government of the State of Jammu and Kashmir)] [Substituted by Act 26 of 1963, Section 3, for certain words (w.e.f. 5.6.1964).] 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] [Substituted by A.O. 1937, for " in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the district" .] of-
(a)in the case of a suit against the Central Government, [except where it relates to a railway] [Inserted by Act 6 of 1948, Section 2.], a Secretary to that Government;
(b)[Inserted as Clause (aa) by Act 6 of 1948, Section 2.] [in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;] [Inserted as Clause (aa) by Act 6 of 1948, Section 2.]
[* * *] [Former Clause (b) omitted by A.O. 1948.]
(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 authorised by that Government in this behalf;] [Inserted by Act 26 of 1963, Section 3 (w.e.f. 5.6.1964).]
(c)in the case of a suit against [any other State Government] [Substituted by Act 26 of 1963, Section 3, for " a State Government" (w.e.f. 5.6.1964).], a Secretary to that Government or the Collector of the district; [* * *] [The word " and" and Clause (d) omitted by A.O. 1948.]
[* * *] [The word " and" and Clause (d) omitted by A.O. 1948.]and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.