Question

Provisions of Section 80 of CPC are binding on

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

Hint:

Unless specified otherwise, the provisions of the Code of Civil Procedure (CPC) apply to the entire hierarchy of civil courts in India. Therefore, if a question asks whether a procedural rule from the CPC binds different levels of courts, the answer is usually 'All of the above'.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks which courts are bound by the provisions of Section 80 of the Code of Civil Procedure, 1908 (CPC).

Step 2: Detailed Explanation:
Section 80 of the CPC mandates that a statutory notice must be served to the government or a public officer before a suit can be instituted against them in their official capacity. This is a mandatory procedural requirement.
The Code of Civil Procedure, 1908, governs the procedure of all civil courts in India. This includes the entire hierarchy of civil courts, from the court of a Civil Judge (Junior/Senior Division) to the District Court and the High Court (in its original civil jurisdiction and appellate jurisdiction).
Since all civil courts are bound to follow the procedures laid down in the CPC, the requirements of Section 80 are binding on all of them. No court can waive this mandatory requirement.

Step 3: Final Answer:
The provisions of Section 80 of the CPC are binding on all civil courts, including the High Court, the District Judge's court, and the Civil Judge's court.