ZILE SINGH Vs. TARA CHAND

JUDGEMENT

(1.) This revision petition is. against the order dated 10.11.2009 passed by Civil Judge (Senior Division), Karnal, vide which application for interim injunction has been dismissed and further for non-compliance of Section 80(2) of the Code of Civil Procedure, 1908 (for short "CPC") the plaint has been ordered to be returned to the plaintiffs.

(2.) Learned Counsel for the petitioners, inter alia, argued that along with the suit, an application under Section 80(2) CPC was also filed for seeking exemption from serving advance notice under Section 80(1) CPC upon defendants No. 7 to 10. The said application was allowed by the learned trial Court and the plaintiffs were permitted to pursue the suit without serving advance notice upon defendants No. 7 to 10, who are the official respondents. Learned Counsel has further argued that once the permission has been granted to sue without serving advance notice to the official respondents as envisaged in Section 80(1) C.P.C. the said order cannot be re-opened by the learned trial Court later on.

(3.) On the contrary, learned Counsel for the respondents has argued that in-terms of proviso to Section 80(2) of CPC, if the Court finds that no urgent or immediate relief is needed, then the plaint can be returned for compliance of Section 80(1) CPC.