SIVANANDA ROY Vs. JANAKI BALLAV PATTNAIK

JUDGEMENT

(1.) This revision is directed against an order dated 13-4-1983 passed by the Munsif, Bhubaneswar, in M.S. No. 38 of 1983. The learned Munsif has, by the impugned order, refused to admit the aforesaid suit against defendant No. 4 and directed his name to be struck off the records, at the stage of admission of the plaint. The plaintiff, who is the petitioner in this revision challenges the legality of the said order in this revision.

(2.) The petitioner as plaintiff filed the aforesaid suit in the Court of the Munsif, Bhubaneswar, praying for a decree to be passed against the defendants jointly and severally for a token sum of Re. 1/-. The plaintiff's case in the plaint, in short, is as follows : -

(3.) That the plaint was presented on 12-4-1983 and the Court registered the suit on that very date. The suit was posted to next date, i.e. 13-4-1983, for office note and admission of the plaint. While admitting the plaint on 13-4-83, the learned Munsif found that notice under S.80, C.P.C. should have been sent prior to the institution of the suit or at least the leave of the Court should have been taken as per the provision of S.80, C.P.C. in absence of which the suit was incompetent as against defendant No. 4. The learned Munsif also found that no cause of action had been disclosed in the plaint against defendant No. 4. The learned Munsif rejected the plaint so far as defendant No. 4 is concerned and directed that the name of defendant No. 4 should be struck off the cause title of the plaint.