Section 4 in Karnataka Conduct of Government Litigation Rules, 1985
4. Notice under section 80 C.P.C.
(1)On receipt of a notice under section 80 of the Code of Civil Procedure, 1908, the officer receiving the notice shall prepare or obtain from the officers concerned para-wise remarks and forward it to the concerned Administrative Secretariat through proper channel within 15 days of the receipt of the notice along with a detailed report containing the history and all particulars of the case and copies of relevant documents and specify whether it is a case for settlement; if so, the proposed terms of settlement and all particulars necessary to arrive at a settlement. The concerned Administrative Secretariat shall examine the claim made in the notice and take a final decision within fifteen days from the date of the receiving of the notice.(2)(a)The notice may be in respect of,-(i)a claim which has already been examined and has been rejected;(ii)a claim which is still under consideration;(iii)a claim which has not been examined.(b)The concerned Administrative Secretariat shall,-(i)in regard to a claim of the first category consider whether any new point which has not been examined earlier has been raised. Such a new point, if any, shall be thoroughly examined and it shall be considered whether the earlier decision requires to be revised. If [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] had not been consulted earlier or if new points have been raised, the advice of [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall invariably be obtained before taking a final decision.(ii)in regard to a claim of the second and third categories examine and take a decision as early as possible in consultation with Department of Law and Parliamentary Affairs.(3)While making a reference to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] the concerned Administrative Secretariat shall prepare and forward a self contained note giving the entire history of the claim and parawise comments on the various allegations made in the notice, alongwith all relevant documents and materials.(4)If it is decided that the claim is genuine and requires to be admitted, the concerned Administrative Secretariat shall take action to settle the claim forthwith and if it is decided to contest the claim or to admit the claim in part, no reply shall be sent without consulting [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].(5)Reply shall invariably be sent to the party in cases arising out of an agreement or contract if there is provision in the agreement for referring the matter to arbitration or if there is provision in any law to seek remedy by way of appeal, review or revision and the party may be asked to avail those remedies if he so chooses.(6)As the party who has sent a notice could institute a case on the expiration of sixty days the examination of the claim shall be completed and reply, if so decided, shall be sent within sixty days. Every suit notice shall, therefore, be treated on "top priority basis" and dealt with accordingly.(7)It would not be correct for [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] to endorse on the file that the threatened case may be awaited or may be defended without examining the claim in detail. The main lines of defence which are available to Government and Court decisions in support thereof shall be indicated in cases where it is proposed to advice the concerned Administrative Secretariat to reject the claim. Such an examination would be helpful while framing the defence in the event of the matter going to the court.[xxx] [Omitted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]
