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Indian law as of 8 November 2026. When the ordinary pre-suit notice requirement in section 80(1) of the…

Section 80(1) requires two months after delivery of the written notice or leaving it at the specified office. Calendar months can vary in length. Section 80(2) allows a suit…

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Indian law as of 8 November 2026.

When the ordinary pre-suit notice requirement in section 80(1) of the Code of Civil Procedure, 1908 applies, what period must expire after written notice is delivered or left at the specified office before a suit is instituted against the Government?

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Answer and explanation

Correct answer C

Section 80(1) requires two months after delivery of the written notice or leaving it at the specified office. Calendar months can vary in length. Section 80(2) allows a suit seeking urgent or immediate relief to be instituted without the notice if the court grants leave.

Option feedback

Option A

A fixed sixty-day period is not the statutory expression and can differ from two calendar months.

Option B

Three months is longer than the statutory waiting period.

Option C

The ordinary rule requires two months to expire after notice is delivered or left at the specified office.

Option D

Section 80(1) measures this period in months and does not prescribe ninety days.

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