SREEDAM CHANDRA BHUR Vs. TENCORI MUKHERJEE

JUDGEMENT

(1.) THIS appeal is directed against an order passed by the Subordinate Judge, Chandernagore, rejecting a plaint on the ground that the provisions of Section 80, Civil P.C., had not been complied with. The order was passed immediately after the plaint was filed and before any notice had been issued on the defendants.

(2.) I need refer only to such of the relevant facts as would be necessary to appreciate the objection raised 'suo motu' by the learned Subordinate Judge and the contentions raised by the parties before this Court.

(3.) THE plaint was originally filed on the 4th December 1951, and was immediately rejected by the learned Subordinate Judge under Order VII, Rule 11(d) of the Code of Civil Procedure for non -compliance of the provisions contained in Section 80 of the Code. A fresh plaint was filed the next day, and the learned Subordinate Judge heard the Counsel for the plaintiff and reserved his orders. The next day the learned Subordinate Judge again came to the conclusion that the plaint must be rejected as the Chandernagore Administration was a Government under Section 80 of the Code. No notice having been served under that section the plaint must be rejected.