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1980 Supreme(All) 696

HARI SWARUP
Secretary Home Dept. , Govt. of Maharashtra, Sachivalaya, Bombay – Appellant
Versus
Bansidhar – Respondent


ORDER

1. This revision has been filed be the State of Maharashtra through the Secretary, Home Department of the Government of Maharashtra. Respondent No. I was employed in the State of Maharashtra and was serving as a wireless operator in the Government of Maharashtra. He was dismissed by an order dated 17-8- 1973 issued from Maharashtra. It was served on him on 28-8-1973 at his home address in district Pratapgarh. He filed the suit in 1976 in the Court of the Munsif Kunda in Pratapgarh claiming relief against the order dismissing him from the service.

2. An objection was raised on behalf of the State of Maharashtra to the effect that the suit was not cognizable in a Civil Court in Pratapgarh. The trial court has negatived the contention. Against the order refusing to return the plaint for presentation to proper court and proceeding with the suit the defendant Secretary. Home Department of the Government of Maharashtra has preferred this revision. The suit is admittedly governed by the Code of Civil Procedure. Section 20 of the Code provides that a suit can be instituted either at the place of residence of the defendant or in a court within the local limits of whose jurisdiction the

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