ABDUL HAKIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prabhat Kumar Srivastava, learned Counsel for the petitioner. Sri Srivastava has filed two supplementary affidavits today which are taken on record.

(2.) However, before proceeding on the merits of the case, the Court finds that the petitioner had filed Original Suit No. 1293 of 2013 on 10th March, 2014. The said suit was dismissed as withdrawn with liberty to file a fresh suit on the ground that the petitioner had failed to serve the notice under section 80 of the C.P.C. on the defendant.

(3.) This writ petition has been filed for the same cause of action. Sri Srivastava states that this was done in an urgency. The matter was entertained and the learned Counsel was granted time to file supplementary affidavits.