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What is the status of the pre-suit notice under Section 80(1) of the Code of Civil Procedure, 1908 for…

Section 80(1) makes advance notice mandatory for the ordinary suit. Section 80(2) separately permits institution without prior notice with leave of the court where the suit…

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What is the status of the pre-suit notice under Section 80(1) of the Code of Civil Procedure, 1908 for a suit against the Government that seeks no urgent or immediate relief?

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Correct answer C

Section 80(1) makes advance notice mandatory for the ordinary suit. Section 80(2) separately permits institution without prior notice with leave of the court where the suit seeks urgent or immediate relief.

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Option A

Section 80(1) makes notice a condition of institution in the ordinary case.

Option B

The notice is a statutory condition, beyond a precaution the plaintiff may choose to take.

Option C

Section 80(1) requires notice and expiry of two months after service in the ordinary case.

Option D

Section 80(1) does not leave the decision to the plaintiff. Subsection (2) allows a different route for urgent or immediate relief with court leave.

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