AJAY SINGH Vs. CHIEF MUNICIPAL OFFICER AND ANOTHER

JUDGEMENT

(1.) The petitioner/plaintiff filed an application under Sec. 80(2) of the Code of Civil Procedure seeking leave to institute a suit without serving notice under Sec. 80(1) of the CPC. That has been rejected by the trial Court by the impugned order, against which, this writ petition has been filed by the petitioner herein.

(2.) Mr. Shrawan Agrawal, learned counsel for the petitioner/plaintiff, would submit that in case of an urgent or immediate relief against the Government and governmental authorities, a suit may be instituted with the leave of the Court without serving any notice as required under subsection (1) of Sec. 80 of the CPC, as such, the impugned order is unsustainable and bad in law.

(3.) On the other hand, Mr.Sunil Verma, learned counsel for respondent No.1 would support the impugned order.