RAVINDRA CHAUDHARY Vs. THE BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the Bihar School Examination Board and learned counsel for the Union of India.

(2.) This application under Article 227 of the Constitution of India has been filed by the plaintiff of Title Suit No.5752 of 2014 for setting aside the order dated 01.12.2017 whereby the learned Sub Judge-I, Patna has dismissed the suit on the ground that Bihar School Examination Board (for short 'BSEB') and Postal Department, Government of India are necessary parties, but the suit has been filed without notice to them under Section 80 of the Code of Civil Procedure (for short 'CPC"?) and no prior permission has been taken by the plaintiff from the court for filing the same.

(3.) Learned counsel appearing for the petitioner submitted that the suit has not been filed seeking any relief against the Postal Department, Government of India. Hence, notice under Section 80 of the CPC was not required. He contended that the object of Section 80 CPC is manifestly to give the Government or the public officer sufficient notice of the case, but the notice under Section 80 of the CPC would be of no use if no relief is sought against the Government or the public officer. He pleaded that the trial court has failed to appreciate that after filing of the suit, the notice had already been sent to the defendant and, therefore, they were in knowledge of the issue since 2008. He has further argued that an application for amendment in prayer was made. However, he conceded that he is not aware as to whether the prayer for amendment was ever pressed or not or whether any order on the petition filed by the plaintiff was ever passed by the trial court or not.