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Suit against the public officer
1 year ago
Hello Sir/Madam,
I am a law 2nd year student, one of my family member filed a case against public officer (MRO) without giving prior notice under section 80cpc and also without filing a complaint petition in court(taking the permission from the court to file a case against officer without giving the notice).
Now the suit was instituted already but the opposite lawyer planning to cancel the suit under section 80 cpc. We are failed to give the notice and complaint petition from the court. Now what are the grounds to not to cancel the suit which was instituted?
Please kindly do the needful suggestions.
Thanks and Regards,
Maya.
A.Dear Madam,
Your advocate ought to have filed an application under sub clause (2) of Section 80 CPC as follows. Now if suit is returned then you can file again after 2 months after compliance of Section 80 (1) of CPC.
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Section 80. Notice.
1 [(1)] 2 [ Save as otherwise provided in sub-section (2), no suits 3 [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 4 [delivered to, or left at the office of]
(a) in the case of a suit against the Central Government, 5 [except where it relates to a railway] a Secretary to that Government;
6[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
7[(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 8[any other State Government], a Secretary to that Government or the Collector of the district; 9***
10* * * * *
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.
11[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (I); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be , a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
Your advocate ought to have filed an application under sub clause (2) of Section 80 CPC as follows. Now if suit is returned then you can file again after 2 months after compliance of Section 80 (1) of CPC.
======================================================================
Section 80. Notice.
1 [(1)] 2 [ Save as otherwise provided in sub-section (2), no suits 3 [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 4 [delivered to, or left at the office of]
(a) in the case of a suit against the Central Government, 5 [except where it relates to a railway] a Secretary to that Government;
6[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
7[(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 8[any other State Government], a Secretary to that Government or the Collector of the district; 9***
10* * * * *
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.
11[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (I); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be , a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
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A.Dear Client,
the opposite party may show Bihari Chowdary Vs State of Bihar 1984 AIR 1043 as a precedent to get your suit cancelled stating it as in contravention to the law.
the opposite party may show Bihari Chowdary Vs State of Bihar 1984 AIR 1043 as a precedent to get your suit cancelled stating it as in contravention to the law.
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