Judgment :- K. A. SWAMI, C.J. The learned single Judge has dismissed the appeal (A. S. No. 828/ 81) on the ground that the suit itself is not maintainable as it has been filed without issuing notice under Section 80, Code of Civil Procedure. It may be pointed out that the suit has been filed under Section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter referred to as the Act) for filing such a suit, no notice under Section 80 of the Code of Civil Procedure need be issued, because Section 70 of the Act itself specifically provides- "70(1)- Any party aggrieved and an order passed by the Commissioner- (i) under sub-section (1) or sub-section (2) of Section 69 and relating to any of the matters specified in Section 63; Section 64 or Section 67; or (iii) under Section 63, Section 64 or Section 67 read with sub-section (1)(a) or sub-section 1(a)(2) or 4(a) of Section 22 or under Section 65; made within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order and the Court may modify or cancel such order, but it shall have no power to stay the order of the Commissioner pending disposal of the suit; (2) any party aggrieved by a decree of the Court under sub-section (1) made, within ninety days from the date of the decree, appeal to the High Court." Thus, the statute itself gives the right for filing suit and prescribes the period within which such suit has to be filed. The nature of power exercised and the character of orders passed which are to be challenged in the suit also would militate against the application of Section 80, C.P.C., to such cases. That being so, application of the provisions under Section 80, C.P.C. is excluded by reason of the special provision made under Section 70 of the Act. When a Statute itself provides for filing a suit, that alone will govern. That being so, application of the provisions under Section 80, C.P.C. is excluded by reason of the special provision made under Section 70 of the Act. When a Statute itself provides for filing a suit, that alone will govern. This is the view taken by a Division Bench of this Court reported in Tholappa Iyengar v. Executive Officer, Sri Kallalagar Devasthaham (1993) 2 Mad LW 537, where it had been observed as follows: "On the basis of the judicial consensus thus we are in a position to say that a notice under Section 80, of the Code of Civil Procedure, 1908 * Accordingly, the judgment and decree passed in A.S. No. 828/ 81 are set aside. The L.P.A. is allowed and the matter is remitted to the file of the learned single Judge for fresh decision in accordance with law. To avoid further delay in the matter, we direct the parties to appear before the learned single Judge on 27-3-1995. The appeal is directed to be posted on 27-3-1995 and the same is directed to be disposed of within one month from 27-3-1995, as the appeal is of the year 1981. No costs. Appeal allowed.