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Courts and procedure · For citizens

Suing the government? Read section 80 first.

In short

The clean route is a written notice to the right office, then two months, then the suit (CPC s.80(1)). But a suit without notice still goes on: you only lose costs if the Government settles within two months, and the court must give the Government at least three months for its written statement (s.80(2); 2008 SCMR 1577).

By the FAI Legal editorial desk · 12 October 2026 · 11 slides · 2 min read

  1. Suing the government or a public officer?. Suing the government? Read section 80 first.
  2. Myth or fact? · What people often think. · Myth: No notice to the government, no suit. · Fact: A suit filed without notice still goes on. The Government gets at least three months for its written statement (CPC s.80(2)). Absence of notice does not affect the suit (2008 SCMR 1577, Supreme Court).
  3. Who gets the notice? · Section 80(1), CPC. · Federal Government · Provincial Government · Public officer
  4. What it must say. · Section 80(1), CPC. · The cause of action · About you · Your claim
  5. Quick quiz. No notice. · Guess first, then swipe for the answer. · A. The whole suit · B. Your costs · C. Nothing at all
  6. Answer: B. Section 80(2). · The rule in the law. · Code of Civil Procedure, 1908 · Section 80(2)
  7. The clean route. · Three steps, in this order. · Notice · Two months · Suit
  8. Suing an officer? · Section 81, CPC. · No arrest · Appearance
  9. After you win. · Section 82, CPC. · A deadline · Reported · Execution
  10. A case against the government? · Ask FAI in your own words. It answers with the exact section and the judgments behind it. · I want to sue the district government over my land. Do I need to send a notice first? · Draft a notice under section 80 CPC.
  11. Follow FAI Legal on Instagram, @fai_legal. Have you ever had a dispute with a government office?

Myth or fact?

What people often think.

  • Myth: No notice to the government, no suit.
  • Fact: A suit filed without notice still goes on. The Government gets at least three months for its written statement (CPC s.80(2)). Absence of notice does not affect the suit (2008 SCMR 1577, Supreme Court).

Who gets the notice?

Section 80(1), CPC.

  • Federal GovernmentA Secretary to that Government. Railway matters: the General Manager of the Railway.
  • Provincial GovernmentA Secretary to that Government, or the Collector of the District.
  • Public officerDelivered to him, or left at his office.

What it must say.

Section 80(1), CPC.

  • The cause of actionWhat happened and why you are suing.
  • About youYour name, description and place of residence.
  • Your claimThe relief you ask for.

Quick quiz. No notice.

Guess first, then swipe for the answer.

  • A. The whole suit
  • B. Your costs
  • C. Nothing at all

Answer: B. Section 80(2).

The rule in the law.

“... the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached or the Government or the public officer concedes the plaintiff's claim, within the period of two months from the date of the institution of the suit: Provided that in a suit instituted without such notice, the Court shall allow not less than three months to the Government to submit its written statement.”

Code of Civil Procedure, 1908 · Section 80(2), Suit without notice

The clean route.

Three steps, in this order.

  • NoticeDelivered to or left at the right office.
  • Two monthsWait for the notice period to run out.
  • SuitThe plaint states the notice was delivered.

Suing an officer?

Section 81, CPC.

  • No arrestThe officer is not arrested, and his property not attached, except in execution of a decree.
  • AppearanceThe court may excuse him from appearing in person if his duty cannot spare him.

After you win.

Section 82, CPC.

  • A deadlineThe decree names a time within which it must be satisfied.
  • ReportedNot satisfied in time: the court reports the case to the Provincial Government.
  • ExecutionOnly after three months from that report.

A case against the government?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

  • I want to sue the district government over my land. Do I need to send a notice first?
  • Draft a notice under section 80 CPC.

Example questions

Sources

  • Code of Civil Procedure, 1908 · Section 80(2)
    Suit without notice Pakistan Code

Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.

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