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Code of Civil Procedure, 1908

80.Notice.-

No suit shall be {Subs. by the A.O.1946 for "instituted against the Crown".} [instituted against the Government] or Notice. 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 {Subs. by the 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 ".} [delivered to, or left at the office of-

(a) in the case of a suit against the Central Government, {Ins.by Act 6 of 1948, s.2.} [except where it relates to a railway], a Secretary to that Government;

{Ins.as cl.(aa) by s.2, ibid.}[ {(aa) relettered (b) by the A.O.1948.} [(b)] in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway ;]

{The former cl.(b) rep., ibid.}

(c) in the case of a suit against a State Government, a Secretary to that Government or the Collector of the district; {The word "and" and cl.(d) rep., ibid.}

{The word "and" and cl.(d) rep., ibid.}

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 deft.



Code of Civil Procedure, 1908 Back




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