K K SHARMA Vs. PUNJAB STATE

JUDGEMENT

(1.) This revision petition is directed against the order dt. 5-5-1986 passed by the learned Additional Senior Sub-Judge, Bathinda, whereby the suit filed by the plaintiff-petitioner has been held to be not maintainable. The plaint has been returned to him for presentation after complying with the provisions of S.80(1), Civil P.C. (hereinafter referred to as 'the Code').

(2.) The facts in brief are that the petitioner filed a suit for declaration that the order dt. 14-10-1984 passed by defendant No. 2 and conveyed to him imposing penalty of Rs. 17,592/- is illegal and for grant of permanent injunction restraining the defendants from recovering the said amount from his salary. In para 10 of the plaint, he made an averment that in view of the urgency of the matter and the threat of the defendants to recover the amount by force and coercive methods the service of notice under S.80 of the Code may be dispensed with. It was also added that a separate application for the purpose was being moved. The petitioner also moved an application for dispensing with the service of notice under S.80 of the Code. He made another application for grant of temporary injunction restraining the defendants from recovering the amount in question from his salary. On this application, the learned trial Court granted a temporary injunction in his favour.

(3.) Notice of the suit was issued to the respondents who in the written statement raised a preliminary objection to the effect that the suit was not maintainable because of non service of notice under S.80 of the Code prior to the institution of the same. The learned trial Court framed a number of issues arising out of the pleadings of the parties. Issue No. 4 to the effect 'whether the suit is liable to be dismissed for want of notice under S.80, C.P.C.' was treated as a preliminary issue. Through the order under revision, this issue was decided in favour of the defendant-respondents and the plaint was returned to the petitioner.