UNION OF INDIA Vs. SYED ASHRAF HASNAIN RIZVI

JUDGEMENT

(1.) IN this intra-Court appeal preferred under Clause X of the Letters Patent, the legal pregnability of the order dated 5th April, 2010 passed by the learned single Judge in Writ Petition (Civil) No. 3625/2008 is called in question.

(2.) THE facts which are essential to be adumbrated for adjudication of this appeal are that the respondent was employed in the Science and Education Section of the Embassy of Islamic Republic of Iran. He worked in the embassy from 1st October, 1989 till 14th May, 2002, when his services were terminated by the said embassy.

(3.) AFTER the decree was passed by the learned trial Judge, the respondent sought consent from the MoEA as required under Section 86(3) of the CPC for execution of the decree but the said consent was not accorded to vide communication dated 4th April, 2008.