EXECUTIVE ENGINEER RURAL WATER SUPPLY SRINAGAR Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1999-6-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 04,1999

EXECUTIVE ENGINEER, RURAL WATER SUPPLY, SRINAGAR Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) The respondent No.3 mans the post of a Cleaner substantively under the control of petitioner. He came to be assigned the charge of a departmental vehicle and because of its alleged misuse, he was placed under suspension vide order No. 63235-36 dated 11-2-1989. This order of suspension was impugned in the Civil Court, but the complaint came to be rejected by order dated 5-7-1997 because of failure to serve a notice under Section 80 Civil Procedure Code (for short CPC).
(2.) Yet another suit was filed by the petitioner after complying with the mandate of Section 80 CPC. Alongside, an application for interim relief was also filed and an interim relief came to be granted in his favour, which was impugned before the Appellate Court by the defendant (Executive Engineer, Rural Water Supply Srinagar, petitioner herein), but he failed in the appeal and to escape the rigours of the order, he has invoked the jurisdiction of this court through this writ petition challenging the maintainability of the suit on several grounds but during the course of arguments, LC for the petitioner has chosen to give up other grounds and confined his submissions to the applicability of the doctrine of res-judicata on the strength of dismissal of a former suit.
(3.) In view of the contentions urged, a question calls for adjudication, which is summarised as under :What course should the court adopt in respect of a suit, which is instituted without complying with the mandate of Section 80 CPC and if rejection of plaint is the answer, is a fresh suit maintainable on the same cause of action?;


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