statutory notice under code of civil procedure 1908 Notice of Suit of General Manger of different Railways under section 80, CPC, claiming Compensation for Short Delivery
Regd. with A/D Address ………….…….
Dated …………….……
To
1. The General Manager, ………………… Railway, …………………
2. The General Manager, ………………… Railway, …………………
3. The General Manager, ………………… Railway, …………………
Dear Sirs
Subject: Notice under s. 80 of the Code of Civil Procedure
Please take notice that my client (state here name, description and address) will institute a suit against the Union of India, owning and administering the aforesaid Railways in a court of competent jurisdiction, after expiry of two months after service of this notice unless reliefs claimed hereinbelow are granted to my client within the said period of two months. The relevant facts constituting the cause of action and reliefs claimed are as follows:
1. That on or about the ……… day of ……… my said client made over to the said Railway a consignment of ……… bags of ……… each bag containing ……… of ……… for carriage for reward, from ………… a station on the ………… Railway under Invoice No. ……… R/R, P.W.B. No. ……… dated ……… to a station on the ……… Railway, the sender/consignor being ………… and the consignee being ……… endorsed to ……… At the time of delivery of the said consignment on the ……… day of ……… bags were not found and so short delivered (or …… bags were received badly torn etc.) resulting thus in a shortage for which usual short certificate was given by the station concerned.
2. My client thus suffered a loss of Rs. ………… full particulars whereof are given in the schedule below due to default and/or negligence and/or misconduct on the part of the aforesaid Railway, their agents and/or employees concerned. My client cannot at this stage give full particulars of the said default and/or negligence and/or misconduct until full disclosure of the conduct of the agent and employees of the Railways as to how they dealt with the consignment during the period while the same was in their possession, custody or control.
3. My client (name the client …………….) has already served the Railway a notice dated …………… under s. 106 of the Indian Railways Act demanding the Railway payment of the said sum Rs……….. within 30 days from the date of receipt of the said notice but to no effect.
4. The following are particulars of the claim:
(a) Loss for shortage of …………….. at
Rs. …………… per qt. as per Bijuk/
market rate Rs. ………………………
(b) For proportionate Rly. freight
(in case of partial delivery) paid Rs. ………………………
(c) Other costs (packing cost, etc.) Rs. ………………………
(d) Costs of notices etc. Rs. ………………………
Total Rs. ……………………..
5. The particulars required under s. 80 of the Code of Civil Procedure are as follows:
(a) Name, address and description
of the plaintiff ………………… CD residing at .…………….
(b) Name, address and description Union of India representing
of the defendant ……………….. the …………. Railway.
(c) Cause of action ……..…………… Damages suffered due to short delivery or non-delivery of goods.
(d) Relief claimed ………………….. Decree for Rs. …………… being the loss caused by short delivery or non-delivery of goods.
Yours faithfully
Section 80 of Code of Civil Procedure 1908
Notice. (1) Save as otherwise provided in sub-section (2), no suit shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—
(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;
(b) in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;
(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other office authorised by that Government in this behalf;
(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;
and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the court, without serving any notice as required by sub-section (1); but the court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that 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).
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.