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Section 80 CPC Notice to the Government

A Section 80 notice is the written notice the Code of Civil Procedure, 1908 requires before you file a suit against the Central Government, a State Government, or a public officer for something done in their official capacity.

Also called: Notice under Section 80 CPC, Section 80 notice, Notice to government before suit, Statutory notice to government, Notice to public officer under Section 80

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NOTICE UNDER SECTION 80 OF THE CODE OF CIVIL PROCEDURE, 1908 BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / BY HAND Date: [notice_date] To, [addressee] Also to: [public_officer] Subject: Notice under Section 80 of the Code of Civil Procedure, 1908 before institution of a suit Sir/Madam, 1. NAME, DESCRIPTION AND RESIDENCE This notice is given by [plaintiff_name], [plaintiff_description], residing at [plaintiff_address] (the "Plaintiff"). 2. CAUSE OF ACTION [cause_of_action] 3. RELIEF CLAIMED In the suit, the Plaintiff will claim the following relief: [relief_claimed] 4. NOTICE TAKE NOTICE that, unless the grievance stated above is redressed, the Plaintiff intends to institute a suit for the relief stated above after the expiry of two months from the date on which this notice is delivered to you or left at your office, as required by Section 80 of the Code of Civil Procedure, 1908. 5. This notice is given without prejudice to the Plaintiff's other rights and remedies, all of which are reserved. Yours faithfully, [advocate_name] Advocate For and on behalf of [plaintiff_name] (or, if sent yourself: [plaintiff_name])

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

NOTES

  • Who must receive it (Section 80(1)): for a suit against the Central Government, a Secretary to that Government, or for a railway, the General Manager of that railway; for a suit against a State Government, a Secretary to that Government or the Collector of the district; for a suit against a public officer for an act done in official capacity, the officer, by delivery to them or at their office.
  • The notice must state the name, description and place of residence of the person who will sue, the cause of action and the relief claimed. A suit is not dismissed only because of an error in the notice if these are stated well enough and it reached the right office (Section 80(3)).
  • Wait two months after delivery before filing the suit. A suit filed earlier can fail on that ground alone.
  • If you need urgent or immediate relief, the court may allow the suit without the notice (Section 80(2)), but it will not grant relief without first hearing the Government or officer.
  • The two months are excluded when the limitation period for the suit is counted (Section 15(2), Limitation Act, 1963).
  • Keep the acknowledgment card or the receiving stamp on your copy: it proves the date of delivery.

Section 80 CPC Notice to the Government: what it is

A Section 80 notice is the written notice the Code of Civil Procedure, 1908 requires before you file a suit against the Central Government, a State Government, or a public officer for something done in their official capacity. It tells them who you are, what went wrong and what relief you will claim, and you then wait two months before filing. A suit filed without it, or too early, can fail on that ground alone.

When you need this document

  • You intend to sue a Government department for money owed, compensation, a declaration or an injunction.
  • You intend to sue a public officer for an act done in their official capacity.
  • A Government body has withheld a refund, a payment or a benefit you are entitled to, and you plan a civil suit rather than a writ petition.

What it covers

  • The authority or officer it is addressed to, as Section 80 requires.
  • Your name, description and place of residence.
  • The cause of action: what was done or not done, by whom and when.
  • The relief you will claim in the suit.
  • A clear statement that you will sue after two months from delivery.
  • The signature, and notes on delivery and the waiting period.

How to fill, sign and use it

  1. Identify the right addressee: a Secretary to the Government concerned, the General Manager for a railway, the Collector for a State Government, or the public officer.
  2. Write down the cause of action in date order and the exact relief you want.
  3. Fill in the form on this page and check that your name, description and residence are complete.
  4. Have an advocate review the notice, because a mistake in the addressee or the relief can cause trouble later.
  5. Deliver it by Registered Post with Acknowledgment Due, or by hand against a receiving stamp, and keep the proof of delivery.
  6. Count two months from the date of delivery before the suit is filed.

Documents to attach or keep with it

  • Copies of the orders, letters or documents the grievance is about, if you choose to enclose them
  • Acknowledgment card or stamped office copy (kept with your copy)

The law behind it

Section 80(1) of the Code of Civil Procedure, 1908 bars a suit against the Government or a public officer, for an act done in official capacity, until two months after a written notice stating the name, description and residence of the plaintiff, the cause of action and the relief has been delivered to the authority the section names. Section 80(2) allows an urgent suit without notice, with the court's leave, and Section 80(3) saves a notice with formal errors if it identifies the plaintiff, reached the right office and states the cause of action and relief sufficiently. Section 15(2) of the Limitation Act, 1963 excludes the notice period from limitation. Section 80 applies to suits, not to writ petitions.

Common mistakes to avoid

  • Addressing the notice to the wrong officer, for example a junior officer instead of a Secretary or the Collector.
  • Leaving out the relief, or describing it so vaguely that the Government cannot act on it.
  • Filing the suit before two months have passed from delivery.
  • Keeping no proof of the date of delivery.

Section 80 CPC Notice to the Government: frequently asked questions

How long must I wait after a Section 80 notice?

Two months from the day the notice is delivered or left at the office. Filing earlier can make the suit not maintainable.

Is a Section 80 notice needed for a writ petition?

No. Section 80 applies to civil suits. A writ petition under Article 226 or 32 of the Constitution does not need it.

Does it apply to a Government company or corporation?

Section 80 covers the Central and State Governments and public officers. A company or corporation owned by the Government is a separate body, and courts have generally held it is not the Government for Section 80, though its own law may require a notice.

What if I need urgent relief?

Under Section 80(2) the court can allow the suit without the notice if urgent or immediate relief is needed, but it will hear the Government before granting any relief.

Last updated 9 November 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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