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Notice Under Section 80 CPC

This document is a statutory notice under Section 80 of the Code of Civil Procedure notifying the General Managers of three Railways of an impending lawsuit claiming compensation for short delivery of goods. It provides details of the consignment that was short delivered such as the date shipped, quantity, and amount claimed. It also notes that prior notice was served under Section 106 of the Indian Railways Act but no payment was received. The notice concludes by listing the required particulars under Section 80, including the plaintiff, defendant, cause of action, and relief claimed.

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Richa Goyal
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8K views2 pages

Notice Under Section 80 CPC

This document is a statutory notice under Section 80 of the Code of Civil Procedure notifying the General Managers of three Railways of an impending lawsuit claiming compensation for short delivery of goods. It provides details of the consignment that was short delivered such as the date shipped, quantity, and amount claimed. It also notes that prior notice was served under Section 106 of the Indian Railways Act but no payment was received. The notice concludes by listing the required particulars under Section 80, including the plaintiff, defendant, cause of action, and relief claimed.

Uploaded by

Richa Goyal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

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

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