KASHI NATH AIMA Vs. BISHEN SINGH

JUDGEMENT

(1.) WHETHER or not a notice under S. 80 of the Civil P. C. should have been served on defendant No. 2, is a matter which should have been decided before taking any proceedings in this case. Under Sec. 80, Civil P. C.

(2.) I , therefore, accept this Revision application and remit the case to the trial court with the direction that it should decide the question of necessity or otherwise of the notice under S. 80 before taking any further proceedings in the suit itself. In order to arrive at a definite finding as to whether the act of the public officer was an act purported to have been done by him in his official capacity, the learned Sub -judge may, if he so chooses, record some evidence. But in any case this point shall be decided before any other point that arises to the suit is decided.

(3.) COSTS will abide the result.