case agaiast registrar of marriage
rajvinder singh
(Querist) 05 February 2010
This query is : Resolved
we want to file a case against the registrar of marriages for mandatory injunction.is it necessary to make secretary to govt of punjab as party
A V Vishal
(Expert) 05 February 2010
What are the facts of the case.
rajvinder singh
(Querist) 05 February 2010
YAE THE NOTICE IS NECESSARY BUT I WNAT TO KNOW WHOM SHOULD WE MAKE THE PARTIES .
B K Raghavendra Rao
(Expert) 05 February 2010
Yes, it is necessary to make secretary to government of that particular department a party. The other parties you should include are: Sub-Registrar (if he had been party for cause of action) and Registrar.
Guest
(Expert) 05 February 2010
agreed with Mr Raghavendra.
N RAMESH.
(Expert) 05 February 2010
As Asked by Mr.Vishal, the necessity of impleading secretary to govt. depends on facts of the case.
Parveen Kr. Aggarwal
(Expert) 06 February 2010
As per Rule 5-A of Order 27 of the Code of Civil Procedure, 1908, where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.
[Ins. by Act No. 104 of 1976, sec. 76 (w.e.f. 1-2-1977)].
Section 79 of the CPC provides, that in a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be-
(a) in the case of a suit by or against the Central Government, the Union of India, and
(b) in the case of a suit by or against a State Government, the State.
Section 80(1) of CPC provides tha, Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government including the Government of the State of Jammu & Kashmir or against a public officer in respect of any act purporting to be done by such 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 railway, the General Manager of that railway;
(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;
(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;
and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
So for filing a suit against Registrar of Marriages, you will have to serve notice under section 80 and will have to implead the State of Punjab as a party to the suit.
