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Civil Revision Petition No. 168 of 1946, under section 25, Provincial Small Cause Courts Act (IX of 1887), decided on 26th February 1947, against the decree of judge, Small Cause Court, Lahore, dated the 4th February 1946, rejecting the plaint under O. VII, rule II, Civil Procedure Code.
Civil Procedure Code (V of 1908), S. 80 (a)‑Notice acknowledged on behalf of "Secretary, Railway Board"‑Provision regarding notice to Secretary to Central Government, held not complied with.
It does not appear that the Secretary Railway Board is a Secretary to the Central Government. Hence notice acknowledged by Secretary Railway Board does not show that provisions of section 80 (a) have been strictly followed.
D. N. Bhasin for Petitioner.
Narinjan Singh, Railway Advocate for Respondents.
‑The receipt of the notice has been acknowledged on behalf of the "Secretary, Railway Board". But it would not appear that the Secretary to this Board is a "Secretary to the Central Government within the meanings of section 80 (a), Civil Procedure Code. It has not, therefore, been shown that the provisions of this section has been strictly followed. Dismissed.
A. H. Revision dismissed.
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