ORDER :

Sanjay K. Agrawal, J.

1. The petitioner/plaintiff filed an application under Section 80(2) of the Code of Civil Procedure seeking leave to institute a suit without serving notice under Section 80(1) of the CPC. That has been rejected by the trial Court by the impugned order, against which, this writ petition has been filed by the petitioner herein.

2. Mr. Shrawan Agrawal, learned counsel for the petitioner/plaintiff, would submit that in case of an urgent or immediate relief against the Government and governmental authorities, a suit may be' instituted with the leave of the Court without serving any notice as required under sub-section (1) of Section 80 of the CPC, as such, the impugned order is unsustainable and bad in law.

3. On the other hand, Mr. Sunil Verma, learned counsel for respondent No. 1 would support the impugned order.

4. I have heard learned counsel appearing for the parties and considered their rival submissions made hereinabove and also gone through the records with utmost circumspection.

5. In order to decide the dispute, it would be appropriate to notice Section 80(1) & (2) of the CPC which reads as under:--

"80. Notice.--(1) Save as otherwise provided in sub-se