BARNES SCHOOL Vs. ARZOO ALLAN BAKER

JUDGEMENT

(1.) Admit. With the consent of the parties, the Second Appeal is taken up for hearing forthwith. The above Second Appeal takes exception to the judgment and order dated 2.9.2009 passed by the learned Adhoc District Judge 1, Nashik by which the appeal filed by the appellants herein, i.e., the original defendants, came to be dismissed and the judgment and order of the Trial Court dated 8.2.2006 passed by the the Learned Civil Judge, Senior Division, Nashik came to be confirmed. The substantial question of law which arises for consideration in the above appeal is "whether the lower Appellate Court could have disposed of the appeal without following the mandate of Order 41 Rule 31 of the Civil Procedure Code, not withstanding the fact that it was in agreement with the judgment of the Trial Court".

(2.) It is not necessary to burden this judgment with unnecessary facts; suffice it to say that the suit in question i.e. Special Civil Suit No. 260 of 2001 came to be filed by the respondent herein for claiming the amount under three heads totaling to Rs.1,99,397/ from the appellants herein i.e. the defendants in the suit. The respondent who is the original plaintiff was working as an Assistant Teacher. The plaintiff claimed the amount on the basis of the arrears on account of difference of wages in view of the 5 th Pay Commission for the period 1.1.1996 to 31.5.2001 which was an amount of Rs.97,166/ , bonus for the period from 1986 87 and 1999 2000 which was an amount of Rs.33,866/ , salary for the period 1 st October, 2000 to 8 th February, 2001 i.e. 48,051/ and salary for the period 9 th February, 2001 to 31 st March, 2001 i.e. Rs. 20,314/ , thus, totally making an amount of Rs.1,99,397/ .

(3.) In so far as the suit was concerned, various issues have been framed on the basis of the claim which was made in the suit as regards the amounts. However, what is relevant to note from the point of view of the above Second Appeal are the issues 8, 9 and 10 framed by the Trial Court which are to the following effect: