MAHESH LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties and perused the records. 2. The plaintiff-appellant was appointed on 29-1-1966 on the post of porter in the Head Office at R. M. S. Gorakhpur. He instituted Original Suit No. 837 of 1972, Mahesh Lal v. Union of India and three others, in which he claimed that he ought to have been appointed during the period 19-1-1966 to 22-5-1967 and given correct seniority in the gradation list and further that he is entitled to Rs. 880/- for the loss in wages. The suit of the plaintiff was decreed by the Civil Judge II, Gorakhpur by an order dated 14-11- 1978 directing the respondents to assign correct seniority to the plaintiff i. e. above respondents No. 6 and 7 in the gradation list and also for recovery of Rs. 880/ -. 3. Aggrieved by the aforesaid decree dated 4-11-1977 the defendant respondents filed appeal No. 28 of 1978 before the IIIrd Additional District Judge, Gorakhpur. During the course of arguments it was revealed that since passing of the decree, the gradation list has been corrected and defendants No. 6 and 7 in the suit have been placed below the plaintiff. The first appellate Court allowed the appeal and set aside the judgment and decree dated 14-11-78 passed in O. S. No. 837 of 1972 by order dated 29-10- 1979. The plaintiff-appellant has now challenged the order dated 29-10-1979 of the first appellate Court in this second appeal. 4. At the time of admission, this Court on 19-2-1980 admitted the appeal and issued notices on the three substantial questions of law framed in the appeal. In view of Section 102 of the Code of Civil Procedure the substantial questions of law framed cannot be decided as jurisdiction of this Court is ousted by Section 102 C. P. C. 5. The second appeal would not lie in this Court and the same is not maintainable and is dismissed. No order as to costs. Appeal dismissed. .