MAYA Vs. S SARASWATY

JUDGEMENT

(1.) THE appellant has challenged the judgment and the decree of the learned Trial Court whereby her suit for damages was dismissed by the learned Trial Court as barred by limitation as well as res judicata.

(2.) THE appellant was appointed as a teacher with the respondents in August 1994. THE services of the appellant were terminated by respondent No.1 on 4th September, 1997. THE appellant challenged the termination by filing a suit for declaration and consequential relief before the Civil Judge being Suit No.18 of 1998, which was dismissed on 23rd February, 2005 against which the appellant preferred an appeal, which was also dismissed.

(3.) THE appellant's suit is clearly barred by the principles of constructive res judicata as the appellant could have sought the relief of damages in the earlier suit. THE limitation for filing the suit for damages is one year under Article 75 of the Schedule the Limitation Act and the suit having been filed after the said period, is clearly barred by limitation. No case for exclusion of the time period under Section 14 is made out. THE judgments cited by the appellant are not applicable to the present case. THEre is no infirmity in the finding of the learned Trial Court.