High Court Karnataka High Court

Smt M Rathnamma W/O Sri Srinivas … vs The Chief Secretary Govt Of … on 3 July, 2008

Karnataka High Court
Smt M Rathnamma W/O Sri Srinivas … vs The Chief Secretary Govt Of … on 3 July, 2008
Author: H.Billappa
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THE IMPUGNEJ3'_».ORI)ERv.1)'If.'v10.6?2008 PASSED BY THE
TRIAL CQURT,"'I1~§;;.__Q.S._N0;3548[£?8 VIDE ANNEXB. BY
ISSUING A--.\5.(RIT";V 01?-..'CE1?r10RARI OR ANY OTHER
WRIT] QRDER AS 'THE,TcAs£:. MAY BE.

 'If11iS'P.*f3tiA1.;';§0VI'1 .COII}iI1g on for this day, the

 _ Cou1j%3;ma.de t11e"V--fo1V19jazi1'1g:

ORDER

The} firmed Govemment Plcader, Sri.H.R.Sridhar

‘ .j’aéce1=_1tsV’i”1otice for the respondents and also submits

mg: he has rec;-eivedjigopy of the writ petition and/Kottler

” iiaievant papers.

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2. Heard the learned counsel for the petitioners

and also the learned Government Pleader.

3. In this writ petition, under

227 of the Constitution of In§’iie,> u’1Ve*«e_pe;jfi;§;;¢;f”‘V1335

called in question the order. date§:1′– 1 Gv6-2038. *’

the trial Court in 0.S.No.3548,T/:f2GQ8. ~.

4; ‘order, the ma} Court has

direeteod to to comply with the

reqxlirexxieeiafiof of C130.

V. of CPC., provides for two months

Government or public oflicer before

ins”1:ituti1’igv {he suit. In the present case, no such notice

isstieci. Therefore, the trial Court has directed to

the plaint to comply with the requirement of

T “‘Sect:ion 80 of CPC, which is mandatory. Therefore, in

my considered view, there is no merit in this writ

petition and hence, it is liable to be dismissed.

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6. Accordingly, it is dismissed.

Liberty is remrved to

the suit after complying with the *’

80 of CPC.

1353.

(33111.