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Report No. 92

3.7. Recommendation to delete section 80, Civil Procedure Code, 1908.-

While carrying out the above changes in the law, it is also desirable that the provisions of section 80 of the Code of Civil Procedure, 1908 requiring notice to be given where a suit is to be instituted against the government or a public officer should be deleted. A recommendation to that effect has been made in successive Reports of the Law Commission1 and it is our most emphatic recommendation that the section should disappear from the statute Book. Analogous provisions in other special laws should also be removed, as recommended already by the Law Commission2 in a separate Report on the subject. Such provisions are totally indefensible in modern society. The deletion of section 80 of the Code, and of provisions analogous thereto as contained in special enactments, should be regarded as a substantive recommendation of our own.

1. Law Commission of India, 27th and 54th Reports (Code of Civil Procedure, 1908).

2. Law Commission of India, 56th Report (Notice under certain statutory provisions).

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