KANTILAL DEEPCHAND MANIAR Vs. JAYANT T JADAV HON SECRETARIES ANTI T B HOSPITAL AND ANTI T B CLINIC ASSOCIATION

JUDGEMENT

(1.) This is a first appeal against the judgment of the learned Civil Judge Senior Division Surendranagar in Civil Suit No. 9 of 1955 by the original plaintiff who filed a suit to recover Rs. 18 500 together with costs and interest against two defendants namely the Honorary Secretaries of the Anti-Tuberculosis Hospital and Parin Banu Anti-Tuber- culosis Clinic Association.

(2.) The plaintiff was serving as the Chief Medical Officer of the hospital of the defendant Association and he alleges in the plaint that the defendants had relieved him from service from 28-2-1954 He claimed Rs. 23 560 as arrears of pay from 1-9-51 to 31-5-54 at the rates varying from Rs. 650 per month to Rs. 750.00 per month. After giving credit for Rs. 5 499 received by him by a cheque from the defendants and a sum of Rs. 101.00 which he had to pay to the Association as donation he claimed Rs. 18 500 According to the plaintiff he was entitled to monthly pay at the rates varying from Rs. 650.00 to Rs 750/- under a contract. There is no specific reference of a written contract in any of the paragraphs of the plaint but it is admitted by both sides that there was a written agreement between the parties dated 15-2-48 which is at Ex. 52. It is rather surprising that a suit based on a contact makes no reference to the written contract.

(3.) In the written statement the defendants contended that the suit purported to be based on a document dated 15-2-48 but as the contract came to an end on 30-9-51 and as the suit purported to be based on the said document the suit as framed and based was not maintainable. It was also contended that clause (1) (b) of the said agreement fixing the grade of pay at Rs. 500-50-750 was not to be enforced and the time for enforcement had not also come. The written statement also referred to certain payments made by cheques and it was contended that the suit should be dismissed ............................