Case Note & Summary
The petitioners filed Regular Civil Suit No.335/2021 seeking permanent injunction against alienation of suit property. They also filed an application for waiver of notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) seeking urgent relief. The Civil Judge Senior Division, Satara allowed the waiver application on 02.09.2021. However, later on 04.10.2021, the same court passed an order returning the plaint for compliance of Section 80 CPC, effectively ignoring its earlier waiver order. The petitioners challenged this order before the Bombay High Court. The High Court observed that once the court had exercised its discretion under the proviso to Section 80(1) CPC and waived notice, it could not subsequently order return of plaint for compliance of the same provision. The court held that the order of waiver is final and cannot be reviewed or reconsidered. The impugned order was therefore illegal and set aside. The writ petition was allowed, and the Civil Judge was directed to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Section 80 CPC - Waiver of Notice - Once the court exercises discretion under Section 80(1) proviso and waives notice, it cannot later order return of plaint for compliance of the same provision - The order of waiver is final and cannot be reviewed or reconsidered - Held that the impugned order returning plaint is illegal and set aside (Paras 4-5).
Issue of Consideration
Whether the Civil Judge could order return of plaint for compliance of Section 80 CPC after having already waived the notice under the same provision.
Final Decision
Writ petition allowed. Impugned order dated 04.10.2021 passed by Civil Judge Senior Division, Satara below Exhibit-5 in Regular Civil Suit No.335/2021 is set aside. The Civil Judge is directed to proceed with the suit in accordance with law.
Law Points
- Section 80 CPC waiver is final
- once granted cannot be reviewed
- return of plaint after waiver is illegal
Case Details
2025 LawText (BOM) (11) 210
Writ Petition No.7414 of 2021 with Interim Application (Stamp) No.20728 of 2021
Mr. Manmath Athalye for Petitioners, Mr. Nikhil Wadikar i/by Mr. Nandu Pawar for Respondent No.1
Snehankita Pankaj Pawar and Pankaj Ashok Pawar
Shirkant Shivaji Todkar, Ld. Regional Officer MIDC, Ld. Area Manager MIDC
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Nature of Litigation
Civil suit seeking permanent injunction
Remedy Sought
Petitioners sought to set aside order returning plaint for compliance of Section 80 CPC
Filing Reason
Civil Judge ordered return of plaint despite having earlier waived notice under Section 80 CPC
Previous Decisions
Civil Judge allowed waiver application on 02.09.2021, but later on 04.10.2021 ordered return of plaint for compliance of Section 80 CPC
Issues
Whether the Civil Judge could order return of plaint for compliance of Section 80 CPC after having waived notice under the same provision.
Submissions/Arguments
Petitioners argued that once waiver is granted, the suit cannot be returned for compliance of Section 80 CPC.
Ratio Decidendi
Once the court exercises discretion under the proviso to Section 80(1) CPC and waives notice, it cannot later order return of plaint for compliance of the same provision. The order of waiver is final and cannot be reviewed or reconsidered.
Judgment Excerpts
The petitioners impugns order dated 04.10.2021, passed by Civil Judge Senior Division, Satara below Exhibit-5 in Regular Civil Suit No.335/2021, by which return of plaint has been ordered for compliance of provisions under Section 80 of Code of Civil Procedure.
The Civil Judge Senior Division, Satara allowed petitioners’ application vide order dated 02.09.2021 and waived notice under Section 80 of CPC.
Once the court has exercised discretion under the proviso to Section 80(1) CPC and waived notice, it cannot subsequently order return of plaint for compliance of the same provision.
Procedural History
Petitioners filed Regular Civil Suit No.335/2021 seeking permanent injunction. They applied for waiver of notice under Section 80 CPC, which was allowed on 02.09.2021. On 04.10.2021, the Civil Judge ordered return of plaint for compliance of Section 80 CPC. Petitioners filed Writ Petition No.7414/2021 challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: 80
