HAMEED HAJI Vs. GENERAL MANAGER

JUDGEMENT

(1.) Petitioner is plaintiff. Respondents are defendants. Petitioner filed the suit with an application under Sub Section 2 of Section 80 of Code of Civil Procedure for leave of the Court to institute the suit without serving notice as provided under Sub Section 1 of Section 80. Under Ext.P1 order, learned Sub Judge disallowed the application and directed petitioner to present the plaint after complying with the provisions of Sub section 1 of Section 80. This petition is filed under Article 227 of Constitution of India.

(2.) Learned Counsel appearing for petitioner and learned Government Pleader were heard.

(3.) Learned Sub Judge held that the contention of petitioner in the suit is that the amount claimed by respondent is time barred and he has retired from partnership firm and these are not sufficient grounds to dispense with a notice under Section 80 (1) of Code of Civil Procedure.