Judgment

RAY, C.J.I.:- This appeal is by certificate from the judgment dated 6 March, 1967 of the High Court of Bombay.

2. The appellant is the State of Madhya Pradesh. The first respondent is the State of Maharashtra. The second respondent is the plaintiff-decree-holder. They will be referred to, for short, as Madhya Pradesh, Maharashtra and the plaintiff.

3. The trial Court passed a decree in favour of the plaintiff. It was declared that the order dated 9 January. 1954 of the suspension of the plaintiff as well as the order of removal of the plaintiff from service passed on 2 February 1956 is illegal, void and inoperative. The further declaration was that the plaintiff shall be deemed to be continuing in service from 16 September, 1943. A sum of Rs. 64, 588-2-0 was decreed in favour of the plaintiff and Bombay the predecessor of Maharashtra was ordered to pay the same with interest. Both Madhya Pradesh and Maharashtra were ordered to pay costs to the plaintiff.

4. Maharashtra preferred an appeal against the decree. Madhya Pradesh preferred objections against the order of costs.

5. The High Court confirmed the decree and the declarations. The High Court however modified the decree and