Question

Provision of Section 80 of CPC is binding on

• A. The High Court
• B. The court of civil judge
• C. The district judge
• D. All of the above

Hint:

Provisions in procedural laws like CPC that use prohibitory words like "No suit shall be instituted" are generally considered mandatory. Their compliance is a prerequisite for the court to exercise its jurisdiction.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Section 80 of the Code of Civil Procedure, 1908 (CPC) lays down a mandatory procedural requirement for instituting a suit against the Government or a public officer in respect of any act purporting to be done by such public officer in his official capacity.

Step 2: Detailed Explanation:
Section 80 mandates that no suit shall be instituted against the Government or a public officer without serving a notice two months prior to the filing of the suit. This provision is a condition precedent to the institution of the suit.
The requirement is mandatory, and failure to comply with it can lead to the rejection of the plaint. This procedural rule is binding on any plaintiff wishing to sue the government and must be enforced by any civil court where such a suit is filed.
This includes all levels of the civil judiciary hierarchy, from the court of a civil judge (junior or senior division) to the District Judge's court and the High Court (in its original civil jurisdiction). Therefore, the provision is binding on all these courts, as they cannot entertain a suit that violates this mandatory requirement.

Step 3: Final Answer:
The provision of Section 80 of the CPC is a mandatory procedural requirement that must be adhered to in all civil courts, including the High Court, District Judge's court, and the court of a civil judge.