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Section 80 of the Code of Civil Procedure, 1908 a Cure or a Curse, Need for Second Look

By D. K. Jha

Published In

AIR 2000
The authoritative book of Mulla on Civil Procedure Code 1908, in its 15th Edition records that a recommendation for repeal of Section 80 has been made more than once by Law Commission of India. Reference is made to Law Commission of India 14th Report page 475, 27th report pages 21-22. The Legislature by Amending Act of 1976 (104 of 1976) brought about Several amendments in Civil Procedure Code that included amendment to Section 80. By amendment inter alia sub-sections (2) and (3) are introduced. The Section 80 now reads as under :— 80. (1) (Save as otherwise provided in sub-section (2), no suit 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—

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