Mandatory Section 80 notice bars premature suits against the Government or public officers until the two-month period expires.

Section 80 of the Code of Civil Procedure requires a mandatory two-month notice period before a suit against the Government or a public officer can be instituted. The provision was treated as a matter of public policy, intended to give the Government or officer an opportunity to examine the claim and settle it without litigation. Its plain language was held to admit no implied exceptions, hardship-based relaxation, or urgency-based departure. A suit filed before expiry of the statutory two months after notice is therefore not maintainable.

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Issues: Whether a suit against the Government or a public officer, to which Section 80 of the Code of Civil Procedure applies, can be instituted before the expiry of two months from service of the statutory notice.

Analysis: Section 80 was held to impose a mandatory and unqualified obligation designed to afford the Government or the public officer an opportunity to consider the claim and, where appropriate, settle it without litigation. The provision was treated as a measure of public policy, and its clear language was held not to permit implications, exceptions, or relaxation on considerations of hardship, even where urgent relief was sought.

Conclusion: A suit covered by Section 80 of the Code of Civil Procedure cannot validly be instituted before the expiry of the prescribed two-month period after notice, and if filed earlier it is not maintainable.

Ratio Decidendi: Section 80 of the Code of Civil Procedure creates a mandatory pre-condition to the institution of a suit against the Government or a public officer, and premature institution before expiry of the notice period renders the suit not maintainable.

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