R B SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 2nd November, 2002, in MCA No. 85/97, of the Senior Civil Judge, whereby the learned Judge allowed the appeal arising out of the order of the trial Court, whereby an application under Rule 39 Rules 1 and 2 r/w Section 151 CPC along with the main suit was allowed.

(2.) The brief facts of the case as noted by the Appellate Court are as under :

(3.) Since the department by an order dated 8th November, 1996 appointed an enquiry officer to enquire into the charges levelled against the petitioner, he filed a suit restraining the defendants from proceedings with the departmental enquiry in respect of the charges which were subject matter of the criminal proceedings. The trial court vide its judgment and order dated 20th January, 1997, in an application under Order 39 Rule 1 and 2 stayed the proceedings. Aggrieved thereof, the respondent herein filed an appeal being MCA No. 87/1997. The Appellate Court vide its judgment and order dated 2nd November, 2002 reversed the same.