1. Heard both the counsel.

2. The petitioners herein are the plaintiffs. They filed the suit in O.S.(SR).No.228/2010 on the file of Junior Civil Judge, Parkal, for declaration against the defendant, which is the Singareni Collieries Company Limited, Bhupalpally, Warangal District, represented by its General Manager, to declare them as legal heirs of late Thokachichu Rama Raju s/o Bucchi raju, Occ: Ex Coal Filler, E.C.No.1702930 KTK 2 Incline, Singareni Collieries Company Limited, Bhupalpally, Warangal District, who died on 23.7.2007. The said suit was returned by raising the following objection dated 3.3.2010:

“Heard, returned as the plaintiffs have not served prior notice as required u/s 80 CPC against the defendant.”

3. Challenging the above order, the present revision is filed.

4. The contention of the counsel for the petitioner is that the defendant is not Government and only an instrumentally of State and hence no notice as contemplated under Section 80 of the C.P.C. is required to be issued before filing of the suit.

5. In order to examine the above issue, it is necessary to note Section 80 of C.P.C., which contemplates notice to Government and Section 2(17) of C