JUDGMENT - Patel, J.

(1) This appeal is by the original plaintiff who has failed substantially in the District Court. The appeal arises under the following circumstances. The plaintiff was appointed on March 24, 1955 as Medical Officer in charge of Infirmary Dispensary at Dhulia. Over and above his scheduled salary he was entitled to get Rs. 10 per month on account of the loss of private practice. A Departmental inquiry was held against him by the Collector and he dismissed him from service with effect from November 1, 1955, on 31-10-1955. He raised suit No. 10 of 1957 on 2-1-1957 contending that the order was illegal and ineffective and he continued to be in service. This suit was decreed on January 4, 1958. The appeal to the District Court, being Appeal No. 63 of 1958, was dismissed and a second appeal to this High Court, being Second Appeal No. 1126 of 1959, was dismissed on December 4, 1959, was dismissed on December 4, 1959. The plaintiff was reinstated by an order date July 13, 1960. The plaintiff has not even cared to produce the reinstatement order. On September 1, 1960 the plaintiff resigned. Thereafter the plaintiff gave notice, Ex. 21, on September 22, 1960, demanding ar

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