Sec. 80(2) of cpc, exemption of prior notice

praveen (Querist) 02 September 2015 This query is : Resolved
Suit is filed against govt. with an application under Sec. 80(2) of CPC for exemption of prior notice. After filing suit (now it is posted for evidence), the court insisting to issue lawyer notice to the defendants. How much correct? Plz support some citations.

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seshadri dubey (Expert) 03 September 2015
you are stating wrongly, either you have not gone through the record or you are misguided, if the date is fixed for evidence then the other side is already on record.
how the court can ask for sending a lawyer's notice?
state in a bit detail.

Dr J C Vashista (Expert) 03 September 2015
I agree with expert Sh. Seshadri Dubey, inspect judicial file and proceed, till then you have incorrect information.

Guest (Expert) 03 September 2015
Mr. Praveen,

As a lawyer, as your profile reveals, you cannot be expected to be so ignorant about the trial process against the Government, as your query reveals!

Can you please clarify, where section 80(2) prescribes for exemption of prior notice, as you have mentioned that the suit is filed "with an application under Sec. 80(2) of CPC for exemption of prior notice"?

I doubt, if your description is about some real case! If your query relates to some real case, you have not given proper description of the case with background of filing a case without prior notice u/s 80(1).

So, better give clear description with background of the case.