effect of notice under section 80 cpc

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Querist : Anonymous (Querist)
06 January 2010

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 .

Devajyoti Barman (Expert)
Click to Talk
06 January 2010

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.

raj kumar makkad (Expert)
06 January 2010

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.

joyce (Expert)
06 January 2010

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.

Anish goyal (Expert)
06 January 2010

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

Deekshitulu.V.S.R (Expert)
07 January 2010

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

Srinath Kondapally (Expert)
08 January 2010

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

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