Question

As required by S.80 C.P.C. the suit can be instituted after the expiry of --- of notice

• A. 1 month
• B. 2 months
• C. 60 days
• D. 90 days

Hint:

Section 80 notice is a mandatory pre-condition for suing the government. Always remember the period: \textbf{2 months}. A suit filed before the expiry of this period is liable to be dismissed.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the mandatory waiting period after serving a notice under Section 80 of the Code of Civil Procedure (CPC) before a suit can be filed against the Government or a public officer.
Step 2: Detailed Explanation:
Section 80(1) of the CPC lays down a mandatory requirement that no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered.
The purpose of this notice period is to give the Government or the public officer an opportunity to reconsider their legal position and to make amends or settle the claim out of court, if so advised, to avoid unnecessary litigation.
Option (C) "60 days" is factually close to "2 months", but the statute uses the specific wording "two months". In legal contexts, it's crucial to use the precise terminology of the law. However, if the question intends them to be equivalent, both would be correct. But given the options, "2 months" is the exact phrasing from the statute.
Step 3: Final Answer:
Section 80 of the CPC explicitly provides for a waiting period of two months after the service of notice before a suit can be instituted. Therefore, option (B) is the most accurate answer.