DEBAKANTA RAY Vs. SECRETARY ROTARY CLIB PURI

JUDGEMENT

(1.) THE order dated 21.06.2013 passed in Civil Suit No.71 of 2008 of the court of Civil Judge (J.D.), Puri is in question in this writ petition.

(2.) FACTS are not disputed. The petitioner, being the plaintiff filed a suit for declaration and other relief against the opposite party, who happens to be the Secretary, Rotary Club, Puri. On 26.08.2008 and on 10.02.2009, two applications were filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'the Code'. In both the applications, the petitioner prayed for similar amendment and, therefore, the same were disposed of as per the common order passed by the learned Civil Judge (J.D.), Puri on 21.06.2013 rejecting the application to implead State of Orissa as a party to the suit along with amendment petition. The plaintiff submitted a copy of the notice under Section 80 of the Code and memo in support of the receipt received by the Collector, Puri. It is not disputed that the suit was instituted on 15.04.2008, whereas notice was sent in compliance of Section 80 of the Code on 17.06.2008. Thus, the notice has been sent after institution of the suit.

(3.) THE question that arises for determination in the case is whether in a pending case after complying requirement of Section 80 of the Code, State of Orissa can be added as party or not. The learned Civil Judge (J.D.), Puri came to the conclusion that in such an application the State of Orissa cannot be added as a party after institution of the suit as the requirement of Section 80 of the Code is mandatory and it is not an empty formality. Assailing such findings, the learned counsel for the petitioner relies upon the reported cases of Sk. Dofian Hossain vs. Narayan Keshi and others, 1997 1 OrissaLR 98 and Sabhu and others vs. Ramsa and another, 1953 AIR(HP) 123.