Suits Against Govt: Refusal Of Interim Relief After Grant Of Leave To File Suit Without Notice U/S 80 CPC Does Not Require Return Of Plaint
Case: Raisa Banoo vs Mst. Shameema & Ors.
Coram: Justice Vinod Chaterjee Koul
Case No.: CSA No. 3/2017
Court Observation: “That even if grant of interim relief is refused, suit filed after the leave is granted by dispensing with the requirement of notice under Section 80 CPC, the suit will continue.”
“So, refusal to grant relief or to grant relief is to be considered at the stage when suit is sought to be filed without issuance of notice as required under Section 80 of CPC. The plaint would be returned in case, at that stage, the Court finds that there is no urgency in the suit or in passing an urgent relief. In case the interim stay sought is not granted after the leave has been granted to the plaintiff that does not mean that the plaint is to be returned on refusing to grant such injunction.”
“The object of the notice contemplated by Section 80, CPC is to give to the concerned Government and public officers opportunity to reconsider the legal position and to make amends or settle the claim, if so advised without litigation. The legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the Government and the public officers should be given a reasonable opportunity to examine the claim made against them lest they should be drawn into avoidable litigation. The purpose of law is advancement of justice. The provisions in Section 80 are not intended to be used as booby trap against ignorant and illiterate persons.”
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Keywords
Suits Against Govt, Refusal Of Interim Relief
