SAHEBRAO RANGRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) REGULAR Civil Suit No. . . . . . of 1989 was presented on 23-10-1989 before the Civil Judge, Senior Division, Chalisgaon for orders on a application to grant leave under section 80, sub-section (2) of the Code of Civil Procedure, to institute the suit without serving any notice as required under sub-section (1) of section 80 of the Code of Civil Procedure as the plaintiff desired to get urgent and immediate relief against the Government or a Public Officer. While considering the said application, the Civil Judge Senior Division, Jalgaon, on 23-10-1989, refused to grant leave to institute the suit and dismissed the application and thereby the plaint was returned by the said Court for complying with the statutory provisions of law before instituting such a suit. The said order was challenged by further filing appeal, which bears Rejected Appeal No. 7 of 1989. The said appeal is rejected by the 3rd Additional District Judge, Jalgaon on 6-11-1989 and the Additional District Judge found that there is no provision which permits the filing of the appeal for granting leave and/or refusing leave to institute the suit without compliance of section 80, sub-section (1) of the Code of Civil Procedure. The appeal was rejected, however, with the liberty to approach to the proper forum for redressal of grievance. Thereafter the present revision application under section 115 of the Code of Civil Procedure has been filed by the present petitioner challenging the orders referred above.

(2.) SO far as order passed by the 3rd Additional District Judge, Jalgaon on 6-11-1989 is concerned, it is conceded by the learned Counsel for the petitioner that the Code of Civil Procedure does not provide for a remedy of appeal against the orders of the rejection of a plaint wherein leave to institute the suit without compliance of sub-section (1) of section 80 of the Code of Civil Procedure is refused under sub-section (2) of section 80 of the Code and, therefore, the said order is found to be valid one.

(3.) HOWEVER, the learned Counsel requested to consider the legality of the order passed on 23-10-1989 by the Civil Judge, Senior Division, Jalgaon refusing to grant leave to institute the suit without compliance of sub-section (1) of section 80 of the Code of Civil Procedure.