Challenging the orders in I.A.Nos.2011, 2012 and 2013/2013 in O.S.No.334/2012, dated 04.10.2013, of the Munsiff's Court, Mavelikkara, the petitioner/plaintiff came up with this petition under Article 227 of the Constitution of India.

2. All these three applications were dismissed under the premise that there is non compliance of the mandate under Section 80 of Code of Civil Procedure and the suit was dismissed in entirety as against all the defendants. Admittedly, first defendant being a private person will not come under the purview of either Section 80 or Section 79 of Code of Civil Procedure. The requirement under Section 80 C.P.C. being precautionary in nature, a pedantic approach should be avoided. It is neither intended to defeat nor to delay any valuable right. The section is not intended to defeat or adjourn the grant of any relief or in agitating any dispute permissible under Section 9 C.P.C. against any private person. The embargo under Section 80 C.P.C would be available only to the Central Government, the State Government or to a Public Officer in respect of any act purporting to be done by such Public Officer in his official capacity. It has no application in