All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
49.

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: 30 days

The answer is: B

Explanation

The correct option is B: 2 months.

As required by Section 80 of the Civil Procedure Code, 1908, the suit can be instituted after the expiry of two months of notice served to the government or a public officer against whom the suit is filed. This is a mandatory period and the notice must state the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims. The purpose of this notice is to give the government or the public officer an opportunity to reconsider their legal position and to make amends or afford restitution without recourse to a court of law.