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In a court where the ordinary central provisions of the Code of Civil Procedure, 1908, apply, the court…

Section 80(2) allows an urgent suit to be instituted with leave without serving the ordinary notice. Before granting any relief, including interim relief, the court must…

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In a court where the ordinary central provisions of the Code of Civil Procedure, 1908, apply, the court grants leave under section 80(2) to institute an urgent suit against a State Government without prior notice. What must the court do before granting relief?

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Answer and explanation

Correct answer C

Section 80(2) allows an urgent suit to be instituted with leave without serving the ordinary notice. Before granting any relief, including interim relief, the court must give the State Government a reasonable opportunity to show cause.

Option feedback

Option A

Leave permits institution without notice. It does not remove the subsequent opportunity requirement.

Option B

Section 80(2) covers interim relief as well as final relief.

Option C

The State Government must have a reasonable opportunity to show cause before relief is granted.

Option D

Urgency does not displace the statutory opportunity to show cause.

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