Orissa High Court: The Bench of Dr A.K. Rath, J., allowed a petition filed against the order of the Trial Court which rejected an application of the petitioner filed under sub-section (2) of Section 80 CPC to waive notice on the ground of urgency.
Plaintiffs-petitioners had instituted the suit for a perpetual injunction against the defendants and also filed an application under sub-section (2) of Section 80 CPC to waive notice on the ground of urgency. However, the Trial Court rejected the application. The petition was filed against the order of the Trial Court. The petitioners had filed an application for injuncting the defendants from demolishing a portion of the house standing over the suit land. The suit had been instituted to obtain an urgent relief against the Government. Mr Sahu, Advocate for the petitioners submitted that the Trial Court had without assigning any reason rejected the petition.
The Court observed that Proviso to sub-section (2) of Section 80 CPC postulates that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1). The Trial Court had rejected the petition without giving reasons. This amounted to the denial of justice. The petition was thus allowed. [Basantilata Swain v. State of Orissa, 2019 SCC OnLine Ori 133, decided on 18-03-2019]
