Hon’ble Alok Singh, J.

Suit for cancellation of sale deed was filed by the plaintiff/appellant impleading Sub Registrar, Dev Prayag, Tehri Garhwal as one of the party defendant No.1 with the object that in the event of passing of the decree for cancelling of the sale deed, same may be brought into notice of Sub Registrar forthwith. Perusal of the plaint reveals that no relief was claimed against the defendant No.1.

2. Section 80 of the C.P.C. reads as under:-

“80. Notice.- (1) Save as otherwise provided in sub-section (2), no suit shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of t