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effect of notice under section 80 cpc (Civil Law)

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Author : Anonymous

Posted On 06 January 2010 at 18:49

what is the effect of notice under section 80 cpc on the period of limitation ? suppose the notice is given in the 11th month and ordinarily the period of limitation was to expire in 12th month .




Expert : Devajyoti Barman

Posted On 06 January 2010 at 19:03

For filing a suit against the Govt or public servant the sec 80 cpc makes it mandatory to give 80 days notice to it unless some urgency is involved. However it does not mean expiry of two clear months.



Expert : raj kumar makkad

Posted On 06 January 2010 at 19:47

Notice do not extent the limitation available to file the suit. If limitation to file the suit is going to expire from the day of accrual of cause of action merely mandatory notice under section 80 cpc cannot extend it. So far as general limitation from the date of serving of legal notice is concerned, it starts from the day of receipt till 60 calender days.



Expert : joyce

Posted On 06 January 2010 at 22:02

if the case is to be filed urgent then as per the hearing on application;case may be made over n then emergent notice be served to the party with the leave of court. genuine cause is to be shown to the court to get good order.rest I adopt the answers suggested by both the experts.



Expert : Anish goyal

Posted On 06 January 2010 at 22:38

I want to contradict RAJ SIR. Section 15(2) of limitation act clearly provided that period of notice to be excluded from the period of limitation



Expert : Deekshitulu.V.S.R

Posted On 07 January 2010 at 17:47

You are right mr Anish. Keep it up.
Sec.80 notice is a staturoty noticerequired by law.



Expert : Srinath Kondapally

Posted On 08 January 2010 at 17:19

yes,limitation will be covered,if you issued as stated in your query


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