JUDGMENT :

Heard Mr. J. Ahmed, learned counsel representing the petitioner as well as Ms. R. Choudhury, learned counsel representing the respondents.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 28.11.2018 passed by the learned Munsiff, North Salmara, Abhayapuri in Title Suit No.58/2016.

3. The factual matrix lies within a very short campus. The petitioner filed the said suit and during pendency of the suit, the petitioner filed an application under Order 1 Rule 10 (2) of the Code of Civil Procedure praying for impleading the State of Assam represented by the Deputy Collector.

4. The learned court below rejected the prayer on the ground that before filing of the suit, notice under Section 80 of the CPC was not complied with.

5. Mr. Ahmed submits that during pendency of the suit, in order to implead the State of Assam as party, the petitioner/plaintiff issued a notice and accordingly complied with the provision of law as laid down under Section 80 of the CPC.

6. I have considered the submissions made by the learned counsels of both sides.

7. On a plain reading of the provision of law as laid down under Section 80 of the CPC, it is cle