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1972 Supreme(Del) 105

T.V.R.TATACHARI
Mangal Dass Sant Ram Gauba – Appellant
Versus
Union of India – Respondent


Advocates:
M. L. Rawal, for Petitioner; V. P., Kohli, for Respondents.

Judgement

ORDER :- This Civil Revision has been filed by Mangal Dass, plaintiff in Suit No. P-3 of 1969, on the file of Shri Harkrishan Singh Malik, Subordinate Judge 1st Class, Delhi against the order of the learned Subordinate Judge, dated 11th October, 1971, dismissing an application for amendment of the plaint filed by the petitioner herein.

2. The petitioner was employed as a Head Constable in the Delhi Police Force. Departmental proceedings were instituted against him on the basis of some complaint. Ultimately, he was dismissed from service. He thereupon filed the suit out of which this Civil Revision has arisen for a declaration that the order of his dismissal was illegal, without jurisdiction, and against the mandatory provisions of law. He also prayed for arrears of salary and allowances, etc., from the date of dismissal. The suit was instituted by him in forma pauperis and he was adjudged as a pauper.

3. Subsequently, he filed an application on 18th May, 1971, seeking permission to amend his plaint by adding a paragraph as follows :-

"That even otherwise the plaintiff/applicant is entitled to the aforesaid decree for declaration to the effect that order of dismissal, dated 19






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