Mrs. Hemlata Arvind VoraVsArvind Lakha Vora +3 more

Date: 17-04-2018
Business: As per section 80(2) of C.P.C., no suit to obtain urgent and immediate against the government or public officer may be instituted, without the leave of the Court, without serving any notice u/sec.80(1) of C.P.C. Section u/sec.80(1) of CPC also provides that no suit shall be instituted against government or against public officer in respect of any act purported to be done by such public officer in his official capacity, in expiry of two months notice in writing. As per proviso u/sec.80(2) of C.P.C., the leave cannot be granted if Court is satisfied that no urgency or immediate relief need to be granted in the suit. Having regard to the pleadings and prayers in the plaint, I am of the view that plaintiff has failed to satisfy about any urgency for instituting the suit with immediate relief required to be granted in the suit for plaintiff. Therefore, the request of plaintiff for grant of leave u/sec.80(2) of CPC stands rejected.
     The plaint is ordered to be returned to the plaintiff for presentation, if plaintiff desires, after complying with the requirement of subsection 1 of 80 of C.P.C.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 17-04-2018

Filing Number: 101596/2018
Filing Date: 25-01-2018
First Hearing Date: 17th April 2018
Decision Date: 17th April 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE