U.R. Agarwal vs Brahm Singh and Others

T.S. Misra, J.—The plaintiff applicant filed this revision against an order dated 31-5-1975 passed by the Civil Judge, Lucknow dismissing the plaintiff''s application for interim injunction. The learned counsel for the applicant, however, stated today before me that the revision against that order was not maintainable and that the revision petition may be treated as a F. A. F. O. I have consequently treated this revision petition as a F. A. F. O.

I have heard the learned counsel for the plaintiff appellant at length and have also gone through the impugned order. The appellant seems to have challenged the official act of the opposite parties 1, 2 and 3 who are public officers. The State Government was not impleaded in the suit on the ground that no formal agreement was executed in terms of the provisions of Article 299 of the Constitution. The fact, however, remains that the opposite parties have been impleaded in the suit in their official capacity impugning their act purporting to have been done by them in that capacity.

That being so, it was necessary for the plaintiff-appellant to have given a notice u/s 80, CPC before instituting the suit against the opposite parties. The learned Civil Judge has refused to grant interim injunction on the ground that no notice u/s 80, CPC having been given, the suit itself was defective. In my view, the learned Civil Judge was correct in holding so. I find no merits in this appeal. It is accordingly rejected under Order XLI, Rule 11, Civil Procedure Code.