Judgment

HEGDE, J.:- This is a plaintiff s appeal. The plaintiff joined as Naib Tehsildar in Patiala State on June 14, 1930. He was removed from service on January 20, 1949. His representation against his removal was rejected. Thereafter on October 25, 1965, he filed a civil suit for recovery of arrears of pension, said to be due from August 25, 1959 till October 24, 1965. The trial court decreed the claim as prayed for.

2. The State of Punjab went up in appeal against the decree of the trial court. In the grounds of appeal it was specifically stated: "it is prayed that the judgment and decree of the lower court to the extent it awards the amount of pension for 6 years be set aside and it be held that the respondent is entitled to recover the said amount for 3 years." From this it is clear that in the appeal the State of Punjab merely disputed the plaintiff s right to claim arrears of pension for six years, but conceded his right to claim pension for three years immediately preceding the suit. But curiously enough at the time of the hearing of the appeal everyone appears to have overlooked the scope of the appeal. The High Court went into the question whether the suit brought by the