RAWEN CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. E.B. Sangma, learned counsel for the petitioner and Mr. S. Sen, learned senior GA for the respondents.

(2.) The petitioners' case in brief, is that they are the plaintiffs in Money Suit No. 1 of 2017 in the Court of Assistant to Deputy Commissioner, West Garo Hills Tura which was instituted under Section 21 of the Special Relief Act, 1963 praying for compensation of Rs. 1 Crore for the damages caused to the petitioners' Akhing land, and the same was registered as Money Suit No. 1 of 2017. The respondent, Sl. No. 4 herein before this Court, as defendant, entered appearance and filed a petition on 28.09.2017 under Order 7 Rule 11 CPC for rejection of the plaint and the same was registered as Misc. Case No. 4 of 2018.

(3.) The respondent's contention before the learned lower court, in the said Misc. Case No. 4 of 2018 was that there was no proper service of notice under Section 80 of the CPC, and as such, in the absence of proper service of notice, the suit against the State Respondent/Government would not lie. Further, it was also contended by the respondents before the court below, that the plaint did not state or disclose as to when the cause of action arose and as such it was prayed that the plaint be rejected by the Court of Assistant to Deputy Commissioner.