MAN BAHADUR BHANDARI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure (herein after referred as C.P.C.), is directed against the judgment and decree dated 14.08.1997, passed by Ist appellate court (District Judge, Pauri Garhwal) in civil appeal No. 13 of 1997, whereby said court has set aside the judgment and decree dated 07.07.1997, passed by trial court in original suit No. 28 of 1995.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) DEFENDANTS contested the suit before the trial court and filed written statement stating that the plaintiff got employed himself with the bank disclosing his name as Man Bahadur Bhandari, son of Tulsi Ram with a discharge certificate from Army in which his date of birth was recorded as 11.08.1937. When the bank came to know that the plaintiff Man Bahadur Bhandari, who is son of Tula Ram has got job by disclosing his name Man Bahadur Bhandari, son of Tulsi Ram, it lodged First Information Report against the plaintiff for committing forgery with the bank. Though the Chief Judicial Magistrate, who tried the case found the plaintiff guilty of 4 the charge but vide order dated 11.09.1980, the plaintiff's appeal was allowed and he was acquitted. Thereafter, the plaintiff challenged order terminating his services before the Industrial Tribunal. It is admitted that in pursuance to the order, passed by the tribunal, the plaintiff was taken back in the service. However, as to the date of birth of the plaintiff, it is pleaded in the written statement that plaintiff himself in the memorandum of particulars prepared on 24.10.1975, (after his confirmation in service) got recorded his date of birth as 11.08.1937. The Medical Officer, who examined the plaintiff also found him of the age of 39 years, in the year 1975. As such, there is no error in the date of birth, recorded in the service record with the defendant bank. It is pleaded by the defendants that the suit has been instituted for wrongful gain.