JAGADISH CHANDRA DEO Vs. DEBENDRA PROSAD BAGCHI BAHADUR

JUDGEMENT

(1.) The plaintiff whose suit for accounts and compensation has been dismissed on the ground that the provision of Section 80, Civil P.C., has not been complied with has preferred this appeal.

(2.) On behalf of the appellant it has been urged in the first place that defendant 1, the principal defendant, was not a public officer, and secondly that the provision contained in Section 80 has been substantially complied with.

(3.) As regards the first contention it may be said that there are several decisions which have proceeded on the footing, that a receiver . appointed under Order 40 of the Code is a public officer, and no decision has been cited before us in which a different view has been taken. The words of Section 2, Sub-section (17), in which " public officer " has been defined as meaning every officer of a Court of justice whose duty it is as such officer .... to take charge or dispose of any property .... and every person especially authorized by a Court of justice to perform any of such duties.