September, 2022 at 10 A.M. Since the matter relates to eviction of the Petitioner and on verification of the record, he found that in the lease deed executed in his favour by other family members, Plot No.763 has been inadvertently mentioned as Plot No.755, he apprehends that contesting the Misc. Case before the Collector, Jagatsinghpur may not yield any result in favour of the Petitioner. In that view of the matter, it was expedient on the part of the Petitioner to file a suit for correction of Plot No. 763 in the lease deed. As there was urgency in the matter, the Petitioner also filed an application under Section 80(2) C.P.C. to dispense with service of notice under Section 80(1) C.P.C. and to admit the suit. He further submits that in view of the provision under Section 80(2) C.P.C., no interim order of injunction can be granted unless the Officers/Authorities of the State Government and their functionaries are given an opportunity of hearing. Hence, there was no difficulty in entertaining an application under Section 80(2) C.P.C. and admitting the suit. Learned trial Court raising a doubt with regard to conduct of the Petitioner in not producing the copies of the orders passed in the aforesaid writ petitions and non-explanation of the period from 8th February, 2022 till 28th September, 2022 has refused to entertain the application. In view of urgency in the matter, the suit was filed along with an application under Section 80(2) C.P.C., but learned trial Court failed to appreciate the urgency involved in the suit and adhering to the hyper technicalities dismissed the application. Hence, this CMP has been filed.
