ZUARI CREFIN LTD Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order returning the plaint for representation with an endorsement that the same has to be represented only after complying with Section 80 C.P.C.

(2.) The petitioner presented the suit seeking the following reliefs against the defendants:

(3.) It is submitted by the learned counsel for the petitioner that though the first respondent is a Government Officer generally discharging public duties, the act complained of arises purely out of contract and what is expected to be done by the 1st respondent (D-l) is not in the nature of a public or official function. It is, therefore, submitted that Section 80 CPC has no application. Reliance has been placed on the decision of Privy Council in the case of Revati Mohan vs. Jatindra Mohan and also on the case of United Bank vs. Tatanagar Foundry.