Date: 22-03-2022
Business: Matter is adjd. to 01/08/2022.
Next Purpose: PLAINT RETURNED
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: By praecipe
Adv. Jitendra Belose present for plaintiff.
None present for defendant.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv, for plaintiff tendered affidavit for grant of leave to institute the suit without serving statutory notice U/s. 80 (1) Of Code Of Civil Procedure. t.o.r. 06.
ORDER- Perused the record. Heard the ld. Adv. For plaintiff. From the plaint, it appears that, plaintiff filed the present suit for declaration that shri. Anil Ganpat Pai is dead. Therefore, from the matter on record, it appears that, in the present suit plaintiff has not prayed for any urgent and immediate relief against the government or any public officer. Therefore, there is no urgency in the present matter. Hence, prayer of the plaintiff to grant leave to institute the suit without serving any notice as required by Sub Section 80 (1) Of The Code Of Civil Procedure is devoid on merit.. Therefore, the affidavit/application Exh. 06 is dismissed.
As the court is satisfied after hearing the plaintiff that no urgent or immediate relief need to be granted in the suit, it will be appropriate to return the plaint to the plaintiff for presentation to the court after complying the requirements of Sub Section 80(1) Of the Code Of Civil Procedure as per proviso To Section 80 (2) Of The Code Of Civil Procedure. Hence, as per proviso to Section 80 (2) Of The Code Of Civil Procedure plaint be returned to the plaintiff for presentation to the court after complying with the requirements of Sub Section (1) Of The Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 01-08-2022