RAJASTHAN STATE ELECTRICITY BOARD Vs. CHHOTU RAM

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS second appeal under Section 100 CPC has been filed by the defendant respondents against the judgment and decree dated 18th January, 1995 passed by the Additional District Judge No.6, Jaipur City, Jaipur in civil first appeal no.30/1993 whereby the judgment and decree dated 24th April, 1993 passed by the Munsif Magistrate, Jaipur City (West), Jaipur in civil suit no.114/1990, dismissing the suit of the plaintiff-respondent for permanent injunction to the effect that the defendants be restrained from retiring him before his attaining the age of 58 years from his correct date of birth 12th May, 1944 and allow him to continue in the service with all consequential benefits treating his date of birth as 12th May, 1994.

(3.) THE trial court after hearing both the parties and after consideration of the evidence of the parties vide judgment dated 24th April, 1993 decided issues no.1, 2, 4 and 5 in favour of defendant respondents whereas issue no.3 was decided in favour of the plaintiff and ultimately dismissed the suit of the plaintiff respondent.