Question

Which of the following best describes the nature of provisions of Section 80 Code of Civil Procedure 1908?

• A. Mandatory
• B. Directory
• C. Discretionary
• D. Compensatory

Hint:

Section 80 CPC notice is mandatory before suing the Government or a public officer, subject to statutory exceptions.

Answer 1

The Correct Option is A

Concept: Section 80 of the Code of Civil Procedure requires notice before institution of a suit against the Government or a public officer in respect of an act done in official capacity.

Step 1: Understand Section 80 CPC.
Before filing a suit against the Government or a public officer, a notice must generally be served. \[ \text{Section 80 CPC} \Rightarrow \text{Prior notice requirement} \]

Step 2: Understand the nature of the provision.
The requirement of notice under Section 80 is mandatory in nature. It is not merely optional or discretionary. \[ \text{Notice under Section 80} = \text{Mandatory requirement} \]

Step 3: Choose the correct answer.
Since the provision is compulsory, the correct answer is Mandatory.