Authority: High Court of Judicature at Madras

Order Date: 10-07-2026

Case Overview

  • Applicant: A.J. Suseela, wife of C. Jayachandran, filed an application under Section 80(2) of the Code of Civil Procedure seeking to dispense with the issuance of notice to the seventh respondent, the Income Tax Department (Non‑Corporate Ward 12(1) CHE).
  • Respondents: (1) E. Senthilkumar and six others; (2) Mrs. Evelin Vasanthi; (3) Ms. Steffy Grace; (4) Sam Marshall; (5) Sam Miracle Agacy; (6) M/S THE CHENNAI GOVERNMENT OFFICERS Co‑Opearative Building Society Ltd (represented by its Special Officer); (7) Income Tax Department Non‑Corp Ward 12(1) CHE.
  • The plaint alleged the Income Tax Department was a pro‑forma party, yet also described it as a necessary party, creating inconsistency.
  • The relief sought under Section 80(2) CPC is permissible only when urgent or immediate relief against the Government or a public officer is required.

Final Outcome

  • The Court held that the plaint and supporting affidavit did not disclose any urgent or immediate relief against respondents 5 to 9; consequently, Section 80(2) CPC could not be invoked.
  • The application is dismissed with no costs awarded to either side.

Topics: Civil Procedure, Court Order