in Civil Procedure Law
Asked September 02, 2017

Sue the Government for incomplete construction causing injury

  • 1 Answer

If I'm driving on a national highway, on a 2 wheeler, and the road is very muddy due to incomplete construction by the government, and I slip and fall due to that and fracture my leg, which court should i go to to sue the government?

Answer 1

In order to start any litigation against Government the very first step before instituting a suit in the court is to send a notice to the Government. As per section 80 of the Code of Civil Procedure, no suit can be instituted against the Government without sending a notice in writing either delivered or left at the office to the Secretary (in case of Central government) or the collector of the district ( in case of State Government). After the expiry of two months from the date of giving of such notice a suit can be instituted. In the present case, the wrong is of the nature of tort i.e. civil wrong. Hence, the suit will be instituted in a civil court. There are two factors which determine the jurisdiction of a court in which a suit has to be instituted. One, the territory – a suit can either be instituted in a court within whose local limits the accident took place or the place where you (the Plaintiff) reside. Two, the pecuniary – the amount of compensation sought (the value of the subject matter of the suit). This is decided by the High court and varies from state to state. For example, in Delhi District courts all the suits below the value of Rs. 2 crores can be instituted.

Sources: and-their- jurisdiction government-public- officers/#_edn23

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