( 1 ) THE petitioner (original plaintiff) sought an interim junction against his transfer from Junagadh to Bharuch. He is junior Employment Officer a Class 111 employee in the employment of State Government- The learned Trial Judge rejected the application. He carried the matter in appeal- There the learned District Judge held that the appeal and the suit were not maintainable on the ground that the plaintiff had not fulfilled the conditions under sec 80 C. P. C. for filing a suit without statutory notice.

( 2 ) IT must be noted that alongwith the plaint the petitioner- plaintiff had given an application Ex. 2 to the trial Court and obtained permission for instituting the suit without notice. That had become necessary because there was urgent and immediate need to obtain interim relief against the order of transfer. Thus the suit was competently instituted under sec. 80 (2 ). However the learned District Judge came to the conclusion that when the trial Court refused interim relief it meant that there was no urgency and no need for immediate relief and therefore a suit was held not maintainable. This reasoning by the learned District Judge is clearly erroneous The onl