Skip to content

CS Professional · Drafting, Pleadings and Appearances · Pleadings

Ramesh Gupta wants to sue the State Government of Uttar Pradesh for damages arising from an official act. No urgent relief is sought. Which drafting step is mandatory for his plaint under Section 80 of the Code?

Under Section 80, a suit against a State Government needs written notice delivered to, or left at the office of, a Secretary to that Government or the Collector of the district, with two months elapsing. The plaint must also state that such notice was delivered or left.

  1. AThe plaint must state that the written notice has been delivered to, or left at the office of, a Secretary to that Government or the Collector of the districtCorrect
  2. BThe plaint must state that notice was sent to the Prime Minister's office
  3. CThe plaint need not mention any notice if two months have passed since the cause of action arose
  4. DThe plaint must state that the notice was served on the General Manager of the railway

Explanation

For a suit against a State Government, Section 80(1)(c) requires two months' prior written notice delivered to a Secretary to that Government or the Collector of the district. The plaint must contain a statement that the notice was so delivered or left. The railway General Manager applies only to suits against the Central Government relating to railways.

Did you get it right without looking?

One question tells you little. A timed set on Pleadings shows your real accuracy, how long you take and where you lose marks.

Practise PleadingsFree diagnostic mock

More Pleadings questions