DENA BANK Vs. JASVANT N SHAH

JUDGEMENT

(1.) BOTH these Second Appeals are directed against the judgment and order of the 2nd Additional District Judge, Bharuch in Regular Civil Appeal No.67 of 2009, dated 05.11.2011. Mr.Jaswant N. Shah was the original plaintiff, and Regional Manager of the Dena Bank was the original defendant in the Regular Civil Suit No.129 of 2000 in the Court of Principal Senior Civil Judge, Bharuch. In the present judgment and order, the parties are referred to by their original status, as plaintiff and defendant.

(2.) 1 Before the substantial questions of law, arising in this matter, are examined by this Court, the relevant facts are required to be recorded. The relevant facts, as emerging from record, are as under.

(3.) 1 When the suit reached the stage of final adjudication in the year 2009, considering the fact that the plaintiff had already retired way back in the year 2001, and he was no more in service, there was no point in adjudicating the only prayer, which pertained to his transfer from one Branch to another Branch of one Region. The Trial Court, under these circumstances, recorded its satisfaction in that regard, as under.