# Suing the government? Read section 80 first.

> 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).

- Topic: Courts and procedure
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/suing-the-government-read-section-80-first-govt-notice
- Published by FAI Legal on 2026-10-12

## 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 Government** A Secretary to that Government. Railway matters: the General Manager of the Railway.
- **Provincial Government** A Secretary to that Government, or the Collector of the District.
- **Public officer** Delivered to him, or left at his office.

## What it must say.

Section 80(1), CPC.

- **The cause of action** What happened and why you are suing.
- **About you** Your name, description and place of residence.
- **Your claim** The 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))

## The clean route.

Three steps, in this order.

- **Notice** Delivered to or left at the right office.
- **Two months** Wait for the notice period to run out.
- **Suit** The plaint states the notice was delivered.

## Suing an officer?

Section 81, CPC.

- **No arrest** The officer is not arrested, and his property not attached, except in execution of a decree.
- **Appearance** The court may excuse him from appearing in person if his duty cannot spare him.

## After you win.

Section 82, CPC.

- **A deadline** The decree names a time within which it must be satisfied.
- **Reported** Not satisfied in time: the court reports the case to the Provincial Government.
- **Execution** Only 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.**

## Sources

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

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