K.K.DESAI, D.G.PALEKAR
State of Bombay – Appellant
Versus
Ganpat Dhondiba Sawant – Respondent
(1) These are two cross appeals by the plaintiff and the defendants against the judgment of and decree dated November 28, 1958, passed by the joint Civil Judge, Senior Division , Poona in special Civil suit NO. 7 of 1957, dismissing the plaintiff suit except in connection with the claim for money amounting to Rs. 1, 701 - 5-0 and proportionate costs and interest at 4 per cent. Per annum on the above amount from January 29, 1951, till relation. The learned judge of directed the plaintiff to pay to the defendants the costs of the suit proportionate to the claim rejected.
[2] The plaintiff suit was mainly for a declaration that the order of dismissal of the plaintiff dated January 11, 1954, passed by the defendants [the state of Bombay] was wrongful and illegal and inoperative and on the footing claiming right of continuances in service continuously inspite of the above order of dismissal and for money decree amounting to Rs. 15,250 for arrears of salary and also for future of pay and salary.
[3] The main facts leading to the above order of dismissal dated January 11, 1954 are as follows:-
[4] The plaintiff jointed service in police force of the province of B
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