K P PUTTARAM Vs. VIJAYA BANK LTD

JUDGEMENT

(1.) this appeal by the plaintiff is preferred against the judgment and decree dated 28-2-1978 passed in O.S. No. 125/73 by the II additional civil judge, Bangalore city, the defendants also have filed cross objections. Thus, the appeal and the cross objections are considered together. Z the appeal arises out of a suit filed for a declaration that the order dismissing the plaintiff from service is wrongful and for award of damages in a sum of Rs. 25,000/-. Originally the plaintiff claimed damages in a sum of rs.75,000/-. However, he confined the claim for damages to a sum of Rs. 25.000/-. The plaintiff also sought for a further direction to the defendants to pay interest to him on the amount of damages claimed at 6% per annum from the date of the suit till the date of decree and further interest at 6% per annum on the aggregate decree amount from the date of decree till realisation and costs of the suit. 3.it is not necessary to advert to the pleadings of the parties as the judgment of the court below refers to it in great details. It is sufficient to mention that the suit was resisted by the defendants od all the counts. In the plaint the plaintiff has specifically stated that he did not want to press the relief of reinstatement in view of the Provisions of Specific Relief Act. Therefore, he had filed the suit only for damages for wrongful dismissal. 4. The trial court framed the following issues for determination:-

(2.) to delete the following portion in paragraph 14 of the plaint:"the plaintiff does not press the relief of reinstatement in view of the Provisions of Specific Relief Act."

(3.) to add as paragraph 14-a to the plaint/appeal:"the vijaya bank Ltd., Was nationalised subsequently in the year 1980 and it is an authority as defined under Article 12 of the Constitution of India. This being a statutory body the relief of reinstatement could be granted."