COAL MINES PROVIDENT FUND COMMISSIONER versus RAMESH CHANDER JHA

COAL MINES PROVIDENT FUND COMMISSIONER versus RAMESH CHANDER JHA

The Coal Mines Provident Fund Commissioner is a public officer within the meaning of Section 2(17)(h) CPC, so notice under Section 80 CPC is required before instituting a suit.

Source-derived case information.

Parties
Appellant: Coal Mines Provident Fund Commissioner; Respondent: Ramesh Chander Jha
Jurisdiction
India
Judgment Date
31 January 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Patna High Court in Civil Revision No. 341 of 1981
Outcome
Appeal allowed
Legal Topics
Public Officer Definition, Requirement of Notice Under Section 80 CPC
Civil Procedure Public Officer Definition Requirement of Notice Under Section 80 CPC

Source-derived case record

Summary, issues, holding and outcome

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Parties

Coal Mines Provident Fund Commissioner

Appellant

Ramesh Chander Jha

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Patna High Court in Civil Revision No. 341 of 1981

Legal Issues

  1. 1 Whether the Coal Mines Provident Fund Commissioner is a public officer within the meaning of Section 2(17)(h) of the Code of Civil Procedure
  2. 2 Whether a suit against the Commissioner without notice under Section 80 CPC is incompetent

Ratio Decidendi

The Coal Mines Provident Fund Commissioner is a public officer within the meaning of Section 2(17)(h) CPC, so notice under Section 80 CPC is required before instituting a suit.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed and the case is remitted to the trial court for disposal in the light of the decision that the Commissioner is a public officer under Section 2(17)(h) CPC