Section 80 Of The Code Of Civil Procedure, 1908: An Imperative For A Reform

Ashmit Raj, BA LLB, Symbiosis Law School, Noida

Anushka Singhal, BA LLB, Symbiosis Law School, Noida

ABSTRACT

Section 80 of the Code of Civil Procedure (CPC) is a significant legal regulation that requires a notice to be served on the government or a public officer prior to filing a lawsuit against them. This section, which is based on the legal framework of the colonial era, intends to offer a channel for the government or public servant to address concerns and maybe resolve conflicts without resorting to litigation. However, Section 80 has been criticized throughout time for its procedural complications, litigation delays, and propensity to hinder access to justice. While the goal of Section 80 is admirable, its implementation has generated various concerns. Due to procedural rigour and stringent compliance requirements, meritorious claims have been denied on technical grounds, delaying justice and inflicting hardship to litigants. Furthermore, the notice requirement frequently adds an unneeded degree of formality and complication to already overburdened court dockets. This article takes a trajectory which begins with – a. A brief overview of the provision b. Provides a historical background c. Lists down the problems faced and d. Emphasizes on the need to repeal this Section.