SHREYANS INDUSTRIES LTD. Vs. HUKUM CHAND

JUDGEMENT

(1.) THIS Second Appeal raises an important question of law as to whether a First Appellate Court can try and dispose of a suit on merits, without there has been any trial of the suit by the Court of the first instance.

(2.) BRIEFLY the relevant facts are that the plaintiff -respondent herein had filed a suit against the present petitioner praying for an injunction against his transfer from the Delhi Office of the petitioner to Ahmedgarh in Punjab on the premises that the terms and conditions of his appointment did not stipulate his transfer/shift from Delhi to some other place. The suit was contested by the petitioner -respondent, inter alia, on the ground that the suit was not maintainable in the form in which it was presented, as no relief of declaration claimed against the impugned order being bad. The trial court had framed the following preliminary issue : "Whether the suit is maintainable in the present form" and after hearing the counsel for the parties vide order dated 19.3.1996 answered the same in negative and against the plaintiff -respondent and dismissed the suit.

(3.) I have heard the learned counsel for the parties and have given full consideration to their respective submissions.