( e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement ( d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a Court of Justice to perform any of such duties ( c) every commissioned or gazetted officer in the military, naval or air forces of the Union while serving under the Government ( b) every member of an All-India Service “(17) “public officer” means a person falling under any of the following descriptions, namely:. Now, Section 2(17) of CPC defines “public officer” as under: Section 80 CPC notice is necessary only when the suit is to be filed against a Government or a public officer in respect of any act purporting to be done by such public officer in his official capacity. In the above judgment, the Supreme Court has not given detailed reasoning as to why such notice need not be given to the municipality it has given only a brief reason. You can directly file the suit against the municipality without such notice.
#Section 80 forum code#
Therefore, it is not necessary for you to first give a notice under Section 80 of the Civil Procedure Code (CPC) before you file the suit against the municipality. Gurappa, (2016) 2 SCC 200, the Supreme Court has held that as a municipal council is not a public officer, no notice is necessary under Section 80 CPC when a suit is filed against a municipality. In the case of City Municipal Council Bhalki v. In fact, recently, this issue has been decided by the Supreme Court.
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