Chinnappa Reddy, J.

(1) THE appellant was appointed on 30/12/1965 as. Assistant Information secretary, Jiwaji University, Gwalior. His services were terminated on 21/09/1967 without any reason being assigned. The appellant questioned the termination of his services by filing a civil writ petition in the High court of Madhya Pradesh. The High court allowed the writ petition on 23/04/1970 and quashed the order terminating the appellants services. Thereafter, the appellant filed Civil Suit 213 of 1970 in the court of the District Judge, Gwalior for recovery of the arrears of his salary. The university raised a plea that during the period for which the appellant was claiming arrears of salary he was employed in Smith Kline and French (India) Ltd. On October 30, 1972, the university also filed an application seeking time for adduction of evidence to sustain the plea. Time was granted till 27/11/1972 on which date the counsel for the university told the court that that university had no evidence to produce. Thereafter the suit was decreed on 27/11/1972. An appeal filed by the university was also dismissed by the High court. Almost two years later i.e. on 29/07/1974