Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :SUIT/0101610/2022
Mr. Nityanand Ganpat Pal Vs The Senior Inspector Of Police
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
COURT 08 ADDL SESSIONS JUDGE
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