Part IV (Suits in Particular Cases)

Question 1

Sec. 79
Suits by or Against the Gov.

Answer 1

In suit against Gov.
either Central Gov. or State Gov.

Question 2

Sec. 80
Notice in Gov suits

Answer 2

No suit against any public officer in official capacity
until expiration of 2 months notice
such notice must have been delivered to, OR left at the office of

Cent Gov - Secy of that Gov
Railway - Gen Manag. of Rail
JK - Chief Secy of JK
Any other State - Secy to that Gov, or DC

In case of public officer - it must contain the cause of action; name; description; place of residence; plaint must contain statement as to notice being delivered

A suit for urgent relief may be filed without notice, by leave of court; however, court shall not grant relief whether interim - unless Gov is heard.

If court is satisfied after hearing both parties - no need for urgent relief, it may require sub sec 1 to be complied with.

No suit against Gov to be dismissed on grounds of errors, if in such notice -
name desc, and resid of plaintiff decl; AND cause of action indicated

Question 3

Sec. 81
Exemptions to Pub Officer

Answer 3

Suit ag Pub Off in Off Capacity
No arrest; Nor attachment of property except in decree execution
Where satisfied def cannot appear without absenting - public service detriment - excuse the def