Order 27 MCQ Quiz - Objective Question with Answer for Order 27 - Download Free PDF

The correct answer is Option 4.

Key Points

• According to Section 80(2) of the Code of Civil Procedure, 1908, if a suit is instituted against the Government or a public officer without serving the mandatory two-month notice due to urgency, the Court has the discretion to allow it. However, after hearing the parties, if the Court finds that no urgent or immediate relief is necessary, it shall return the plaint for presentation after fulfilling the notice requirement under Section 80(1).

• The proviso to Section 80(2) clearly states:

  • "The Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1)." 

The correct answer is Section 80

Key Points

• Section 80 of the Code of Civil Procedure (CPC), 1908 makes it mandatory to serve a statutory notice to the government or public officer before instituting a suit against them in respect of any act done in their official capacity.
• The purpose of this notice is to give the government an opportunity to settle the claim without litigation.
• The suit cannot be filed unless the plaintiff has served the notice at least two months prior to filing the suit, stating the cause of action, relief sought, and details of the claim.
• In certain urgent cases, with the leave of the court, the suit may be instituted without such notice (Section 80(2)).

Additional Information

• Option 1.  Section 75: Relates to the court's power to issue commissions (for examination of witnesses, local investigation, etc.).
• Option 3.  Section 14: Deals with presumption as to foreign judgments.
• Option 4.  Section 115: Provides for revision powers of High Court.

The correct option is Option 2.

Key Points

• Order XXVII of Civil Procedure Code-
  • This order deals with the Suits by or against the government or public officers in their official capacity.
    • Rule 1 of Order XXVII states that in any suit by or against the Government, the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint on this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.
    • Rule 2 of Order XXVII states that the persons being ex officio or otherwise authorized to act for the Government in respect of any judicial proceeding shall be deemed to be recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government.
    • Rule 3 of Order XXVII states that in suits by or against the Government, instead of inserting in the plaint the name description and place of residence of the plaintiff or defendant, it shall be sufficient to insert the appropriate name as provided in section 79 of CPC.
    • Rule 4 of Order XXVII provides that the Government Pleader shall be the agent of the Government to receive processes against the Government by the Court.

Options (1) and (2) are directly covered by Section 80 and 82 CPC.

Section 80. Notice.

Section 82. Execution of decree.

Explanation- According to clause 2 of section 80 a suit can be instituted in case of urgent or immediate relief but a reasonable opportunity should be given to the public officer for showing cause in respect of relief claimed and no exparte decree can be passed so it rules out option 3.

The correct option is Option 2.

Key Points

• Order XXVII of Civil Procedure Code-
  • This order deals with the Suits by or against the government or public officers in their official capacity.
    • Rule 1 of Order XXVII states that in any suit by or against the Government, the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint on this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.
    • Rule 2 of Order XXVII states that the persons being ex officio or otherwise authorized to act for the Government in respect of any judicial proceeding shall be deemed to be recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government.
    • Rule 3 of Order XXVII states that in suits by or against the Government, instead of inserting in the plaint the name description and place of residence of the plaintiff or defendant, it shall be sufficient to insert the appropriate name as provided in section 79 of CPC.
    • Rule 4 of Order XXVII provides that the Government Pleader shall be the agent of the Government to receive processes against the Government by the Court.

The dorrect answer is General Manager of concerned railway

Key Points

• Section 80(1) of the Code of Civil Procedure, 1908 mandates that no suit shall be instituted against the Government or any public officer unless a two months’ prior notice is served.
• When the suit is against the Railway Administration, the notice must be served on the General Manager of the concerned Railway Zone.
• This requirement ensures:
  • Proper opportunity for redressal before litigation.
  • Avoidance of unnecessary suits against government entities.
  • This is in line with the Railways Act, 1989, which also designates the General Manager as the appropriate authority for such legal communications.

Additional Information

• Minister of Railways: Incorrect — the Minister is a political executive, not the designated officer for legal notices.
• Secretary of Railway Ministry: Incorrect — the Secretary handles administrative affairs, not legal notices under Section 80.
• Prime Minister of India: Incorrect — the PM is not involved in such procedural matters.

The correct answer is Mandatory 

Key Points

• Section 80 of the Code of Civil Procedure, 1908:
  • Requires a mandatory notice to be served two months prior to instituting a suit against the Government or a public officer acting in their official capacity.
  • This provision is intended to give the Government or officer an opportunity to consider the claim and avoid litigation.
• Mandatory Nature:
  • The language of Section 80 is explicitly mandatory — the words used are “no suit shall be instituted against... until the expiration of two months...”.
  • The Supreme Court and High Courts have repeatedly held that compliance is compulsory, unless an exemption under Section 80(2) is granted by the court for urgent relief.
• Exemption under Section 80(2):
  • Allows for institution of suits without notice with the leave of the court, in cases where urgent or immediate relief is required.

Additional Information

• Directory: Incorrect — courts have ruled that Section 80(1) is mandatory, not merely directory.
• Discretionary: Incorrect — a party must comply unless they seek leave under sub-section (2).
• None of these: Incorrect — as the correct and established legal position is that it is mandatory

The correct answer is Option 4.

Key Points

• According to Section 80(2) of the Code of Civil Procedure, 1908, if a suit is instituted against the Government or a public officer without serving the mandatory two-month notice due to urgency, the Court has the discretion to allow it. However, after hearing the parties, if the Court finds that no urgent or immediate relief is necessary, it shall return the plaint for presentation after fulfilling the notice requirement under Section 80(1).

• The proviso to Section 80(2) clearly states:

  • "The Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1)." 

The correct answer is Section 80

Key Points

• Section 80 of the Code of Civil Procedure (CPC), 1908 makes it mandatory to serve a statutory notice to the government or public officer before instituting a suit against them in respect of any act done in their official capacity.
• The purpose of this notice is to give the government an opportunity to settle the claim without litigation.
• The suit cannot be filed unless the plaintiff has served the notice at least two months prior to filing the suit, stating the cause of action, relief sought, and details of the claim.
• In certain urgent cases, with the leave of the court, the suit may be instituted without such notice (Section 80(2)).

Additional Information

• Option 1.  Section 75: Relates to the court's power to issue commissions (for examination of witnesses, local investigation, etc.).
• Option 3.  Section 14: Deals with presumption as to foreign judgments.
• Option 4.  Section 115: Provides for revision powers of High Court.

Options (1) and (2) are directly covered by Section 80 and 82 CPC.

Section 80. Notice.

Section 82. Execution of decree.

Explanation- According to clause 2 of section 80 a suit can be instituted in case of urgent or immediate relief but a reasonable opportunity should be given to the public officer for showing cause in respect of relief claimed and no exparte decree can be passed so it rules out option 3.