- (1.) This second appeal was admitted on the following substantial question of law: Whether the learned Lower Appellate Court has committed serious error in dismissing the Plaintiff's suit on the ground of non-joinder of Union of India and upsetting the judgment and decree of the Trial Court without deciding whether the Coal Mines Provident Fund Commissioner is a public officer under the Union of India so as to attract the provision of Order XXVII Rule 5A of the Code of Civil Procedure?
(2.) The said question arose in view of the finding of learned lower Appellate Court that the Coal Mines Provident Fund Commissioner is a public officer and in the suit filed by the Plaintiff-Appellant, the Union of India must have been made a party in terms of Order XXVII Rule ISA read with Section 79 of the Code of Civil Procedure. By holding so, learned lower Appellate Court had set aside the judgment and decree of learned Trial Court which was passed in favour of the Plaintiff (Appellant therein) decreeing his suit.
(3.) The Appellant had previously filed a title suit being Title Suit No. 78/1979 which was dismissed on the ground that the Coal Mines Provident Fund Commissioner being a public servant, suit was not maintainable without serving a notice under Section 80 of the Code of Civil Procedure.;