R. P. MOOKERJEE, J. :- This appeal is directed against an order passed by the Subordinate Judge, Chandernagore, rejecting a plaint on the ground that the provisions of S.80, Civil P.C., had not been complied with. The order was passed immediately after the plaint was filed and before any notice had been issued on the defendants.

2. I need refer only to such of the relevant facts as would be necessary to appreciate the objection raised suo motu by the learned Subordinate Judge and the contentions raised by the parties before this Court.

3. The plaintiff filed the suit against certain individuals in their personal capacity and also as members of the Council of Administration, or the Municipal Assembly, as the case may be, of the Free City of Chandernagore. The said Council and Assembly were also impleaded as party defendants. The suit was one for a declaration that a certain resolution passed by the Council of Administration was illegal and invalid. There were further prayers for certain mandatory orders on the defendants including the Council and the Assembly and the other defendants in their capacity as members of those bodies.

4. The plaint was originally filed on the 4th De