This appeal arises from a decree and judgment dated 9.8.85 of the Assistant District Judge, Barpeta passed in Title Appeal No. 9 of 1985 dismissing the appeal from a decree and judgment dated 18.1.S5 passed by the Munsiff No. 1, Barpeta ia Title Suit No 90 of 1979 dismissing the suit.

2. The plaintiff-appellant instituted Title Suit No. 90 of 1979 in the Court of the Munsiff, Barpeta claiming a sum of Rs.4,926.19 as arrears of his emoluments against the State of Assam, Deputy Commissioner Kamrup and Sub-Divisional Officer, Barpeta. The defendant-respon­dents contested the suit.

3. The Trial Court dismissed the suit on the ground that required notice under section 80, CPC was not given to any of the defendants, although other issues were decided against the defendants. The lower Appellate Court has held that no notice, as required under section 80, was given to the Deputy Commissioner and Sub-Divisional Officer. The notice to Government of the State of Assam was addressed to the Chief Secretary to that Government and, therefore, no valid notice under section 80 was given to the Government. The lower Appellate Court has not dealt with other issues by holding that the defendant-responde

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