V K GANDOTRA Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) THE appellant filed an application for leave to sue as a pauper in terms of order XXXIII C.P.C. for the recovery of Rs. 12/ - lacs as damages for his alleged dismissal from service by the respondent -bank vide order dated 8. 8. 1975. The application was resisted by the respondent wit the result that the following two issues were framed by the learned trial Judge vide order dated 12.12.1975.

(2.) BOTH the issues were decided against the appellant vide the order impugned in this appeal which is stated to be against law and facts liable to be set aside. We have heard the appellant and learned counsel appearing for the respondent and perused the record.

(3.) THE learned trial Judge relying upon Cl. 10 of the Letters Patent came to the conclusion that as no right, title or obligation had arisen within the State of Jammu & Kashmir, this court has no jurisdiction to grant the relief prayed for by the appellant. Clause 10 of the Letters Patent provides: