RAJASTHAN RAJYA VIDHYUT PRASARAN Vs. DAYA RAM

JUDGEMENT

(1.) THE instant civil second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree passed by the learned Additional District & Sessions Judge No. 7, Jaipur city, Jaipur in Civil Appeal No. 35/1989 dated 5. 3. 1991 rejecting the appeal of the appellant against the judgment and decree dated 18. 10. 1986 passed by the learned Additional Munsiff cum Judicial Magistrate No. 2, Jaipur city, Jaipur in Civil Original Suit No. 69/1980.

(2.) THIS appeal was admitted on 24. 3. 1992 on the following substantial questions of law: - &nbsp&nbsp&nbsp&nbsp&nbsp" (i) Whether in the facts and circumstances of the case without challenging the finding of issue No. 7, the Appellate Court was justified for granting the decree of declaration by modifying the judgment and decree of the Trial Court even without filing the cross-objection and the appeal. (ii) Whether in the facts and circumstances of the case, the decree of specific performance by declaring the plaintiff for promotion and that too without considering his suitability is justified?"

(3.) I have heard learned counsel for the parties and have perused the relevant record.