CS Professional · Drafting, Pleadings and Appearances · Pleadings
Kiran Industries needs an urgent injunction against a State Government officer acting in his official capacity and files a plaint without serving Section 80 notice, obtaining the court's leave. After hearing the parties, the court concludes that no urgent or immediate relief need be granted. What must the court do?
The court must return the plaint so it can be presented again after complying with the Section 80(1) notice requirements. Leave to sue without notice is justified only by urgency, and once the court finds no urgent relief is needed, the proviso to Section 80(2) applies.
- AReturn the plaint for presentation after complying with the notice requirements of Section 80(1)Correct
- BDismiss the suit permanently as barred by res judicata
- CProceed to try the suit since leave was already granted
- DGrant interim relief anyway without hearing the Government
Explanation
The proviso to Section 80(2) says that if the court, after hearing the parties, is satisfied that no urgent or immediate relief need be granted, it shall return the plaint for presentation after complying with sub-section (1). Leave does not waive notice permanently. Also, relief cannot be granted without giving the Government a reasonable opportunity to show cause.
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