KARISHMA ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order passed on IA.I filed under Section 80 read with Section 151 of Code of Civil Procedure by the petitioner seeking dispensation of issuance of statutory notice to the respondent - Union of India as contemplated in the said provision. The Trial Court by observing that the plaintiff has not sought any interim relief against the defendant, observing that there is no urgency in the matter has deemed it fit to dismiss the said application and ordered for return of plaint.

(2.) Aggrieved by the said order of dismissal of IA No. 1, the petitioner preferred the above writ contending that, she will lose the academic year by waiting for 60 days for compliance of statutory notice.

(3.) On perusal of the copy of affidavit filed in support of the application filed at Annexure-'B', it is seen that the petitioner has specifically contended in paragraphs 3 and 4 as hereunder: