Whether in a suit instituted by a party, aggrieved by an order passed by the Commissioner under section 61 of the Act, as provided under section 62 of the Act, a notice under section 80 of the Code of Civil Procedure is necessary?

2. Petitioner is the plaintiff in O.S.273/06 on the file of Sub Court, Kozhikode. The suit was filed against the order passed by the Commissioner under section 62(1) of Madras Hindu Religious and Charitable Endowments Act, (hereinafter referred to as the Act). There are twenty defendants in the suit. Defendants 1 to 14 are ‘A’ party and defendants 15 to 17 ‘B to B4 parties in O.A.4/05 which was originally disposed by the Deputy Commissioner and its appeal by the Commissioner. Defendant No.18 is the Commissioner and defendant No.19 the Deputy Commissioner of H.R. & C.E. Defendant No.20 is the Executive Officer of the temple. As per order dated 29.6.06 passed by defendant No.18 under section 61 of the Act, in the appeal filed by petitioner against the order passed by defendant No.19 under section 57 of the Act, petitioner Trust was restrained from functioning in the temple premises or taking public collection in the name of Azhakodi Devi temple.