SHARAD PRABHUDAS Vs. SAPANA REAL ESTATES, GOA

JUDGEMENT

(1.) The order passed by the trial Court on the preliminary issue holding that it had jurisdiction to entertain the suit filed by the nonapplicant is the subject matter of challenge in this Civil Revision Application at the instance of the defendants.

(2.) It is the case of the non-applicant-plaintiff that he is in service of Suvalal Patni Arts & Commerce College, Pulgaon, which is being run by Jawahar Education Society, Pulgaon. The plaintiff was holding the post of Principal since Oct., 2010. According to him, the applicants - defendants without being members of the management were restraining the plaintiff from discharging his duties as Principal. On 4th July, 2016, the defendants entered the office of the plaintiff and forced him to sign a letter of resignation from the post of Principal. Despite his protestations, the plaintiff was compelled to sign the said document. The plaintiff immediately lodged a report in that regard with the police authorities. He thereafter filed a suit for declaration that the alleged Letter of Resignation as well as the leave application obtained by the defendants by force on 4th July, 2016 were null and void and for restraining the defendants from disturbing the plaintiff from discharging his duties as Principal of the College.

(3.) On being served with the suit summons, the defendants raised a preliminary objection to the tenability of the suit under provisions of Sec. 9A of the Code of Civil Procedure, 1908 [for short, "the Code "], on the ground that according to the plaintiff, his resignation had been forcibly obtained by the defendants and against such an action, an appeal under Sec. 59 of the Maharashtra Universities Act, 1994 [for short, "the said Act "] was maintainable. According to them, the Civil Court had no jurisdiction to entertain the suit. This application was opposed by the plaintiff and on 30th July, 2016, the trial Court directed framing of a preliminary issue as regards jurisdiction of the Civil Court to entertain the suit.