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Head Note

Civil Law  - Civil suit

Respondent clerk in appellant Coal Mines Provident Fund Organisation (CMPFO) -Departmental proceeding against respondent in connection with the forcible occupation of a Type III quarter - Departmental proceeding found guilty against respondent and removed from service - Respondent filed Title Suit of munsif court also filed an appeal before the appellant Authority under Regulation 37 of the Staff Regulations which was dismissed - Title Suit Decreed by the munsif court - Violation of the principles of natural justice and the provision of Article 311 of the Constitution - Continuous service together with all benefits and privileges - First appeal by appellant - Allowed on non-joinder of the Union of India which was a necessary party - Second appeal in High Court allowed - Appeal - In civil Appeal Supreme court held Coal Mines Provident Fund commissioner is a "public Officer" of sec. 2(17)CPC and notice under section 80 CPC is required there after respondent withdrew his civil suit and filed fresh civil suit after serving notice the appellant - Appellant raised objection suit barred under Order 27 rule 5A CPC - Not permissible when function chairman of the board (CMPFO) was discharge - Appeal Dismissed.

The Code of Civil Procedure, 1908  - Order XXVII Rule (5-A)

Coal Mines Provident Fund Commissioner is a public officer it was necessary to the Union of India as a party in the suit.

The Code of Civil Procedure, 1908  - Section 80 , Section 2 (17)

In civil Appeal Supreme court held Coal Mines Provident Fund commissioner is a "public Officer" of sec. 2(17) CPC and notice under section 80 CPC is required there after respondent withdraw his civil suit and filed fresh civil suit after serving notice the appellant - Appellant raised objection suit barred under Order 27 rule 5A CPC - Not permissible.

Topic(s)-

Important Decision(s)- 

• Public Officer" of sec. 2(17) CPC and notice u/s 80 CPC is required there after respondent withdraw his civil suit and filed fresh civil suit after serving notice the appellant - Appellant raised objection suit barred under O 27 r 5A CPC - Not permissible.
• Order 27 rule 5A CPC - Not permissible when function chairman of the board (CMPFO) was discharge.
• Order 27 Rule 5A CPC - Coal Mines Provident Fund Commissioner is a public officer it was necessary to the Union of India as a party in the suit.