Suit Against the Government under sub-section (2) of Section 80 is inserted by the Code of Civil Procedure (Amendment) Act, 1976 enables the plaintiff to institute a suit against the Government or Public Officer for obtaining urgent or immediate relief with the leave of the court even without serving notice to the Government or Public Officer.

Section 80 of Civil Procedure Code

However, section 80 of the Civil Procedure Code (CPC) says that before institution of a suit against government or against any 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 the notice in writing has been issue.

Procedure for Filing a Suit Against Government

Section 80 of CPC provides that where a suit is to be instituted on the Government or any public official for any act purported to be done in his official capacity, the person filing the suit must give a notice of at least 2 months before filing the suit.