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AZAD JAMMU AND KASHMIR GOVERNMENT THROUGH CHIEF SECRETARY versus SYED MUHAMMAD AKBAR SHAH


Section 80, [as amended by the Code of Conduct (Ordinance) Ordinance (XLIV of 1962]]] Filing a lawsuit against a government or a government officer The issuance of a section 80 notice object, the CPC government official and the government Had to give the case at the official level and in cases where the case was already set up to defend the case or to acknowledge the claimant's claim, the provisions of the law proceeded in any way Did not create the right, according to which it had to be established. The legal law provisions laid down a pre-emptive condition for filing a lawsuit against a government or government official. Prior to the 1962 amendment, a case could not be filed against a government or government official without serving two months. Now in accordance with section 80 (2) of the section, the CPC, if the provisions of this section apply, were filed without notice, the government is not allowed less than three months to submit its written statement. And it would be wrong for the government to make a decision before the expiry of three months, and thus it would be the responsibility to decide the matter in case the matter is settled. Matter within two months from the date of the institution suit, the plaintiff will not be allowed to pay its costs. The suit cannot be dismissed for failure to issue a notice under section 80 80, CPC.

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