( 1 ) OM Prakash Sharma was appointed as an Inspector (Rationing) under the Delhi Administration on April 30, 1966. His services were terminated on September 28, 1966 under Rule 5 of the Central Civil Services (Temporary service) Rules. He filed a suit (S. No. 286/77) for declaration that the order of termination was illegal and for recovery of Rs. . . 74, 965. 00 as arrears of pay and allowances. The/suit was listed for his evidence on January 15, 1979. The appellant was present in person but refused to proceed with the matter on the ground that he had gone in appeal to the Supreme Court against the judgment of the Division Bench in F. A. O. (OS) 27/78 and that this court has no jurisdiction to decide the matter which was to be decided by the Supreme Court. He was called upon to produce the evidence but he refused to do so. The learned single judge consequently directed that the suit be treated as dismissed without prejudice to the result of the suit in case he succeeded in the Supreme Court.

( 2 ) THE appellant, thereafter, filed an application (1. A. 1563/81) dated April 30, 1981 under Order 32 Rule 5 (2) and Section 151 of the Code of Civil Procedure seekig disc