Debendra Nath Roy Choudhury v. Official Receiver

1. This is a plaintiff's appeal in a suit for recovery of arrears of rent. The Courts below have agreed in dismissing the suit on the ground that no notice under Section 80 of the CPC, was served on the defendant receiver. In view of the principle laid down in 61 IA 1711 we are of opinion that no notice under Section 80 of the CPC, is necessary in this case. The omission of the receiver to pay rent is not an act purporting to have been done by him in his official capacity.

2. The result therefore is that this appeal is allowed.

3. The judgment and decrees of the Courts below are set aside and the case is sent back to the trial Judge for re-hearing on the merits according to law. Costs will abide the result.

D.S/R.K

4. Case remanded.