S P GARG Vs. L I C

JUDGEMENT

(1.) HEARD learned counsel for the petitioner appellant and perused the entire record of the writ petition and the special appeal and the order of the learned Single Judge, impugned therein.

(2.) THE petitioner appellant filed S. B. Civil Writ Petition No. 1008/88 in this Court; therein the challenged the order dated 27. 9. 1983 (Annexure-5) passed by the Zonal Manager, Life Insurance Corporation of India terminating the services of the petitioner appellant with effect from 27. 12. 1983 and the court dismissed the Writ Petition No. 1008/88 vide its order dated 23. 3. 1996, observing as under, "inspite of calls, none has appeared on behalf of the petitioner. THE writ petition, therefore, dismissed in default for non prosecution and stands disposed of accordingly. "

(3.) THE learned counsel for the petitioner appellant vehemently contended that dismissal of the first writ petition, in default, or for non prosecution, does not amount to res judicata and the second writ petition is maintainable.