DWARIKA NATH DUBEY Vs. DIRECTOR OF EDUCATION MADHYAMIK

JUDGEMENT

(1.) This first appeal from order is directed against the order dated 24.3.1998 passed by Sri K. N. Ojha. District Judge, Bhadohi at Gyanpur allowing Civil Appeal No. 3 of 1997 and directing the trial court to decide the suit on merits as cause of action survives against Dwarika Nath Dubey, the present appellant who is said to be acting as Manager of the Committee of Management, Sri Kashi Raj Maha Vidyalaya Inter College, Aurai, Bhadohi.

(2.) Heard Sri A. P. Sahi, learned counsel for the defend ant-appellant and Sri G. N. Verma, learned counsel for the plaintiff-respondent.

(3.) Suit No. 245 of 1995 was dismissed by the trial court on the application, paper No. 271C, moved by the defendant--Ram Achal Dubey (since deceased) by invoking the provisions of Order VII, Rule 11. C.P.C. on 23.11.1996. The plaintiff-respondent filed Civil Appeal No. 3 of 1997, which was allowed by the impugned order dated 24.3-1998. Application No. 271C was rejected and the case was remanded with the direction that the suit shall be decided on merits.