RSRTC AND ORS. Vs. MAHAVIR PRASAD SHARMA

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 23.2.2000 passed by Additional District Judge No. 8, Jaipur City, Jaipur in Civil Regular Appeal No. 225/96 confirming the judgment and decree dated 28.11.91 passed by Additional Munsiff and Judicial Magistrate No. 3, Jaipur City, Jaipur in Civil Suit No. 630/89 whereby suit for declaration was decreed by concurrent findings of both the courts below.

(2.) THE respondent plaintiff had preferred a suit for declaration of his termination from service as invalid which was decreed by the court below and appeal has also been dismissed, hence this appeal. The main issue was issue No. 1 on which both the courts below have found that termination order was illegal as principles of natural justice has not been complied with. Here in the present appeal, the issue has been raised as regards to limitation and jurisdiction. The contention of the appellants is that admittedly, the dismissal order was of 23.6.1983 and suit has been filed after much delay and suit is mainly based on non compliance of standing orders, hence jurisdiction of civil court is barred.

(3.) HEARD the learned counsel for the parties and perused the impugned judgments.