TARUN CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner- plaintiff has prayed for quashing the impugned order dated 18th July,1991 passed by Shri I.C. Tewari, sub Judge First Class, Delhi, respondent No.4 refusing to entertain the suit without notice under-Section 80 of the Code of Civil Procedure in view of the urgency in the matter.

(2.) The petitioner has filed a suit for permanent injunction before the trial court restraining the defendants from creating any hindrance or obstruction whatsoever in the profession of the plaintiff of escorting and interpreting foreign tourist groups in any monument.

(3.) Although the suit was filed against the Union of India, no notice admittedly has been given under Section 80 of the Code of Civil Procedure for institution of the suit. The trial court, therefore, did not entertain the suit by the impugned order by holding that there is no urgency in the matter and directed the plaintiff to file a suit after giving notice under Section 80 of the Code of Civil Procedure. The plaint has been returned to the plaintiff with the directions to serve a notice under Section 80 of the Code of Civil Procedure and thereafter the suit be filed.