( 1 ) APPELLANTS filed a suit for declaration and permanent injunction claiming to be the owners in possession of plot of land measuring 436. 5 sq. yds. comprising khasra No. 52/18/2 with a structure thereon at village Kishangarh, which was free from acquisition proceedings. The suit was filed before this Court first wherein an ex parte interim injunction was also granted. It was later transferred to District Courts at tis Hazari and was assigned to learned ADJ for trial who framed the following preliminary issue for decision first :

"whether the present suit is not maintainable as alleged in para 2 of the preliminary objections in the WS ?"

( 2 ) WHILE examining this issue the whole debate seems to have turned on the non- service of notice under Section 80, CPC.

( 3 ) WHILE appellants (plaintiffs) contended that the suit was maintainable even in the absence of notice under Section 80, they also prayed for grant of leave in the facts and circumstances of the case under Section 80 (2 ). Respondents (defendants) opposed this and trial Court dismissed the suit for want of notice under Sections 80, CPC and 53-B of DD Act and dismissed the suit.

( 4 ) APPELLANTS assail this on tw