Legal Notice under Section 80 CPC (Suit Against Government)
A Section 80 CPC notice is a mandatory notice you must deliver to the Central or State Government, or a public officer, at least two months before filing a civil suit against them for acts in an official capacity. It must state your name, address, the cause of action and the relief claimed. A suit filed without it is liable to be rejected.
When to send this notice
Use this notice before suing a government department or a public officer acting officially — for example, to recover money owed under a government contract, for refund of an amount wrongly collected, or for compensation for loss caused by a department. Many statutory bodies, municipalities and railways have their own pre-suit notice provisions, so check the specific Act as well.
Statutory basis
Section 80(1) of the Code of Civil Procedure, 1908 bars a suit against the Government or a public officer for an act purporting to be done in official capacity until two months after a written notice has been delivered. For the Central Government it goes to the Secretary to that Government (and, for a railway, the General Manager); for a State Government, to the Secretary to that Government or the Collector of the district. The notice must state the plaintiff’s name, description and residence, the cause of action and the relief claimed. Under Section 80(2) the court may grant leave to file a suit for urgent or immediate relief without notice, and Section 80(3) saves a notice from being rejected for technical defects if it substantially gives the required particulars.
[ON THE LETTERHEAD OF THE ADVOCATE] By Registered Post A/D / Speed Post & Email Date: [DD/MM/YYYY] To, [The Secretary to the Government of India, Ministry/Department of ___, New Delhi] OR [The Secretary to the Government of ___ (State), Department of ___ / The Collector, ___ District] OR [The General Manager, ___ Railway] [Also to: Name and designation of the public officer concerned, Office address] Subject: Notice under Section 80 of the Code of Civil Procedure, 1908. Sir/Madam, Under instructions from my client, [Full Name], [son/daughter/wife of ___ / a company incorporated under ___], aged [___], residing at / having its office at [Full Address] (hereinafter "my client"), this notice is given under Section 80 of the Code of Civil Procedure, 1908: 1. Name, description and place of residence of the intending plaintiff: [as above]. 2. Cause of action: (a) That [describe the transaction or act, e.g. "my client executed work order no. ___ dated ___ issued by the Executive Engineer, ___ Division, and completed the work on ___"]. (b) That [describe the default or wrongful act, e.g. "despite final measurement and certification on ___, a sum of Rs. ___ remains unpaid"]. (c) That my client made representations dated [dates], which remain unanswered. (d) The cause of action arose on [DD/MM/YYYY] at [Place], within the jurisdiction of [Court]. 3. Relief claimed: [Payment of Rs. ___ with interest at ___% per annum from ___ / refund of Rs. ___ / declaration that ___ / compensation of Rs. ___], with costs. My client calls upon you to [grant the above relief] within two (2) months of delivery of this notice, failing which my client shall institute a suit against [the Union of India / the State of ___ and the officer named above] for the said relief, without further notice. [Advocate Name] [Enrolment No. / Contact]
Replace every [placeholder] with your own details before use.
How to send this legal notice
From draft to proof of delivery and the next legal step.
Identify the correct addressee under Section 80(1) — the right Secretary, Collector or railway General Manager — and the officer concerned.
State the plaintiff’s full name, description and address exactly as they will appear in the plaint.
Set out the cause of action and the precise relief, including amounts and interest.
Deliver it by Registered Post A/D or Speed Post (and hand delivery against acknowledgment where possible) and preserve proof of delivery.
Wait two months from the date of delivery before filing, unless the court grants leave under Section 80(2) for urgent relief.
Plead the notice and its delivery in the plaint and annex the proof, keeping limitation in view.
Frequently asked questions
Can I sue the government without a Section 80 notice?
Only with the court’s leave under Section 80(2), for urgent or immediate relief. Even then, the court will hear the government before granting relief and may return the plaint if urgency is not shown.
Does the Section 80 notice period extend limitation?
Section 15(2) of the Limitation Act, 1963 excludes the notice period when computing limitation for a suit that needs prior notice. Still, send the notice early so the suit is not left to the last day.
Does Section 80 apply to PSUs and municipal bodies?
Section 80 applies to the Government and public officers. Public sector companies are usually not “Government” for this purpose, while municipal and statutory bodies often have their own notice requirements under their Acts.
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Related tools and guides
From template to tracked notice
Draft from approved formats, dispatch with delivery proof, and get reminded before the reply window closes, then turn an unanswered notice into a case in one click.