PREMALATA SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition challenges the order dated 22.11.2017 passed by the learned Civil Judge (Sr.Division), Bhubaneswar in C.S.No.2413 of 2016, whereby and whereunder, the learned trial court has returned the plaint to the plaintiffs-petitioners for non-compliance of notice under Section 80 (1) CPC on the Collector, Khurda.

(2.) The dispute lies in a narrow compass. The facts need not be recounted in details. Suffice it to say that the plaintiffs-petitioners instituted the suit for declaration of title. The plaintiffs issued notice under Section 80(1) CPC to the Chief Secretary of the State. The suit has been instituted against the State of Odisha represented by its Chief Secretary. The learned trial court came to hold that notice will not fall within the ambit of notice delivered to the officer himself who is being sued or at his office. Further the Collector, Khurda is a necessary party to the lis. Notice has not been served on him. Held so, it returned the plaint.

(3.) Heard Mr.S.S.K.Nayak-2, learned Advocate for the petitioners and Ms.Samapika Mishra, learned A.S.C. for the opposite party.