DIBAKAR DEKA Vs. UTTAR KAMPITH MAHAVIDYALAYA

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure [the Code' for short] is preferred by the plaintiff-appellant herein against the judgment and decree dated 20.12.2008 passed by the learned Civil Judge, Nalbari in Title Appeal 'No.4 of 2008 allowing the appeal thereby setting aside the judgment and decree dated 29.03.2003 passed by the learned Civil Judge No. 2, Nalbari in Title Suit No. 27 of 2000 wherein the declaration and permanent injunction as sought for by the plaintiff-appellant was allowed.

(2.) HEARD Mr. K. Sharma, learned counsel appearing for the appellant. Also heard Mr. S. Sharma, learned counsel for respondent No.3 and Mr. T.K. Bhuyan, learned Standing Counsel, Education deptt. for respondent Nos. 4 and 5.

(3.) IN the written statement the defendant No. 3 who also represented the defendant No. 1 and the defendant No. 13 contested the suit joinily contending inter alia that the defendant No. 13 was the founder Office Assistant of the UKM College who was appointed and working since 1983 but the defendant No. 13 was put under suspension, which, however, was withdrawn considering the dedicated long service and suggestion of the general meeting of the college held on 10.09.1995 and the suspension order of the defendant No. 13 has been withdrawn without any break in his service and that the plaintiff is junior to the defendant No.13 in service who joined service only on 10.07.1995 and therefore no injustice/injuries, has been caused to the plaintiff and as such there is no cause of action and prayed for dismissal of the suit. The defendants however, took other defences as available under Order 8 of the Code.