Thoudam Ningol Ningthoujam Ongbi Muktarei Devi vs The State of Manipur and others

Baharul Islam, J.—This is an application under S. 115, C.P.C. and is made on behalf of the plaintiff, who is a woman, and who brought the suit for compensation against the State of Manipur (defendant No. 1) and two others as defendants, claiming compensation to the extent of Rs. 4,000/- for demolition of her houses. The learned Subordinate Judge No. 2. Manipur, rejected the plaint on the ground that no notice under S. 80, C.P.C. was issued to defendant No. 1 or defendant No. 2, who is also a Public Officer.

The learned counsel for the petitioner could not point out any error committed by the learned Court below. A notice under S. 80 of the C.P.C. is mandatory and forms a part of the cause of action, and before a suit is filed against the Government or against a Public Officer, in respect of any act purporting to be done by such Public Officer in his official capacity, a notice under S. 80, C.P.C. shall be served on them. Further, the section provides that the plaint itself shall contain a statement to the effect that such a notice has been delivered or left with the defendant. No such averment has been made by the plaintiff in the plaint. As such, the learned Court below has committed no error in rejecting the plaint.

Be that as it may, in my opinion, the application under S. 115, C.P.C. itself is not maintainable, inasmuch as, an appeal is provided under S. 96 of the Code against such an order. Mr. Paul, the learned counsel appearing for the petitioner, submits that the impugned order of the learned Court below is an order'' and as such not appealable. The submission has no force ''Decree'' has been defined in sub-s. (2), of S. 2 of the Code. According to the second part of the definition a decree "shall be deemed to include the rejection of a plaint x x x x x x." As such, although rejection of a plaint is not a formal decree, but within the deeming and inclusive definition of the term, rejection of a plaint is a decree, and as such, appealable under S. 96 of the Code.

In the result, the application is rejected. The rule is discharged. I. however, leave the parties to bear their own costs.