Supreme Court · 1990 INSC 23 · Decided 31 January 1990

Coal Mines Provident Fund Commissioner v. Ramesh Chander Jha

Court
Supreme Court of India
Citation
1990 INSC 23 · [1990] 1 S.C.R. 181
Case number
CIVIL APPEAL No. 1932/1982
Decided
31 January 1990
Bench
K.N. SAIKIA, M. FATHIMA BEEVI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 2(17), 80, 2(17)(h)

Headnote

B Code of Civil Procedure, 1908: Sections 2(17) and 80-Coa/ Mines Provident Fund Commissioner-Whether 'public officer'. Respondent instituted a suit against the appellant, the Coal Mines Provident Fund Commissioner without a notice as required under sec­ tion 80 C.P.C. Appellant objected 80 C.P.c. and that the suit was incompetent. The trial court overruled the objection an'1 held that the appellant was not a pubhc officer. The High Court confirmed the same. Aggrieved, the appellant, has preferred this appeal by special leave. Allowing the appeal, this Court, HELD: 1.1 The

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