S.B.Sinha, J.

1. This first appeal arises out of a judgment and decree dated June 7, 1979 passed by Sri Philip Topno, Additional Subordinate Judge, Giridih, in Title Suit No. 20/1 of 1976-79 whereby and whereunder the said teamed court dismissed the plaintiffs suit.

2. The aforementioned suit was filed by Krishna Biharilal Jaiswal, predecessor-in-interest of the present appellants and hereinafter referred to as Jaiswal, inter alia, for the following relief:-

(a) That it be adjudicated and declared that the order of defendants dated October 6, 1966 dismissing the plaintiff from service is tainted with malice and is illegal and improper and ultra vires and the plaintiff be declared to be continued in service even after October 6, 1966.

(b) In case the court finds that in spite of the declaration that the order dated October 6, 1966 dismissing the plaintiff from service is illegal, improper and ultra vires, but for legal difficulty the Court cannot pass orders that the plaintiffs service is continuing even after October 6, 1966, inspite of the said wrong order, or that the plaintiff be reinstated, then a decree for damages of Rs. 1,00,000 be passed in favour of the plaintiff a