STATE OF MADRAS THROUGH THE DISTRICT COLLECTOR AND ANR. Vs. A.K. VETHAM PILLAI

JUDGEMENT

(1.) THE only question that arises in this revision is as to whether the suit filed by the plaintiff in a representative capacity on behalf of the entire ayacutdars of one Palakulam tank in Tirunelveli district for an injunction is bad for want of proper notice under Section 80, Civil Procedure Code. The Court below has held that suit being one for an injunction does not require a notice under Section 80 Civil Procedure Code, and that therefore, the suit is maintainable.

(2.) IN this revision, it is contended on behalf of the State of Madras, that the suit which has been filed in this case before the expiry of 60 days from the date of issue of notice under Section 80 is bad and therefore is not maintainable. The plaintiff sought an injunction in the suit restraining the State of Madras from closing a weir in Periakulam tank through which the ayacutdars received their supply of water to their tank. They issued a notice under Section 80, Civil Procedure Code, on 27th January, 1968, but they filed the suit on 1st February, 1968, before the expiry of the 60 days period referred to in that section. The question is whether the suit filed before the expiry of the 60 days referred to in the Section 80 notice could be maintainable.