K. A. SWAMI, C.J.

The learned single Judge has dismissed the appeal (A. S. No. 828/ 81) on the ground that the suit itself is not maintainable as it has been filed without issuing notice under Section 80, Code of Civil Procedure. It may be pointed out that the suit has been filed under Section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter referred to as the Act) for filing such a suit, no notice under Section 80 of the Code of Civil Procedure need be issued, because Section 70 of the Act itself specifically provides-

"70(1)- Any party aggrieved and an order passed by the Commissioner-

(i) under sub-section (1) or sub-section (2) of Section 69 and relating to any of the matters specified in Section 63; Section 64 or Section 67; or

(iii) under Section 63, Section 64 or Section 67 read with sub-section (1)(a) or sub-section 1(a)(2) or 4(a) of Section 22 or under Section 65; made within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order and the Court may modify or cancel such order, but it shall have no power to stay the order of the Commissioner pending disposal of the suit;

(2) any p