Sec 80 CPC & order 7 rule 11 CPC

 Supreme Court in a decision title Govt of Kerala v Sudhir kumar sharma case number civil appeal nimber 7364 of 2013 decided by division bench on dt 02/09/2013  interpreted the priority & applicability of provision of 80 CPC & order 7 rule 11 CPC  and upheld that application under sec 80 (2) CPC  without any order can’t be presumed as heard as in the case , the   suit was filed without complying provision of 80(1) CPC and cannot be said to filed justifiable 

The apex court perused the consequences if this irregularities continues and if  the application upon 80(2) cPC rejected then suit was to be returned and after then application under order 7 rule 11 CPC to be accepted 

Thus the rejection of application under order 7 rule 11 CPC by trial court without deciding application under sec 80(2) CPC  was against the procedure and irregularities continues , and trial court should decide first an application of sec 80(2) and thereafter application under order 7 rule 11 CPC to be heard and  Supreme Court quashed the order of high court which was confirming order of trial court with regard to rejection of application under order 7 rule 11 and appeal was accepted  by Supreme Court