VIKAS JAIN Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India has been filed by the plaintiff, challenging the order dated 27.5.2005 passed by the trial Court, dismissing the application under Section 80(2) CPC and ordering the return of the plaint to the plaintiff for compliance of the provisions of Section 80 CPC

(2.) The facts which are relevant for the decision of the present petition are that the plaintiff -petitioner had filed a suit for rendition of accounts against Harbhajan Singh as defendant No.1 and Union of India as defendant No.2. In the plaint, the plaintiff had prayed that the defendants be directed to render the accounts of the execution of work, which is the subject matter of the suit and the amounts determined by the court after settlement of account may be decreed in favour of the plaintiff and. against the defendants with future interest etc. Along with the suit, the plaintiff had filed two applications. One application was under Order 39 Rules 1 and 2 CPC for the grant of ad interim injunction restraining defendant No.2 Union of India from releasing any further payment to defendant No.1 till the accounts were settled and in the alternative, seeking a direction to defendant No. 1 to deposit the said amount in the Court. The other application was under Section 80(2) CPC seeking exemption form giving advance notice to defendant No.2 Union of India before the filing of the suit.

(3.) After issuing notice to the defendants ad after hearing both sides, the learned trial Court dismissed the ad interim injunction application of the plaintiff under Order 39 Rules 1 and 2 CPC, vide order dated 27.5.2005. Thereafter, after noticing that the suit was for rendition of accounts and there was no urgency and no case was made out for exempting the service of advance notice under Section 80 CPC, the learned trial Court passed the impugned order dated 27.5.2005 dismissing the application under Section 80(2) CPC and ordering the return of the plaint to the plaintiff for complying with the provisions of Section 80 CPC. Aggrieved against the same, the plaintiff filed the present petition in this Court.