S H TARALAGATTI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is directed against the Order dated 18-1-1993 passed on additional issue nos. 1 to 3 and issue nos. 14 and 16. The additional issue No. 1 is:the learned munsiff has come to the conclusion that it is hit by Section 11, explanation iv of Code of Civil Procedure. Consequently he has held that additional issue nos. 2 and 3, dated 6-3-1990 and the issue nos. 14 and 16 do not survive for consideration in view of his finding on additional issue No. 1,

(2.) THE petitioner is a sitar artist and was on the list of casual artists of the all India radio and in particular dharwad station of the all India radio since 1967 and has been giving performance 8 to 10 times a year and those performances were 'live broadcast' from the dharwad station of the all India radio.

(3.) THE petitioner has also alleged that the 4th respondent fabricated false cue-sheet of his recordings just to make it appear that he is a fresh artist with no experience. For no fault of his, he was removed from the list of casual artists. He was informed of this fact by communication dated 29-4-1978 and he then filed a suit, original suit No. 198 of 1979 for declaration that the ACT of the defendants-respondents 1 to 3 in removing his name from the list of casual artists is illegal and he shall be continued as casual artist. The suit was on the file of the additional munsiff, dharwad. It came to be decreed on 26-3-1983. Aggrieved by this judgment and decree, the respondents 1 to 3 filed an appeal in regular appeal No. 51 of 1983 on the file of the civil judge, dharwad which came to be dismissed in the month of 1986. After the appeal was dismissed the petitioner filed the present original suit No. 831 of 1989 claiming damages for Rs. 40,000/- for having deprived him of the broadcasting engagements from the all India radio since june, 1977. The learned munsiff dismissed the suit on the ground that it is hit by res judicata. Consequently he has dismissed the suit.