( 1 ) THIS Appeal has been preferred by the appellant being aggrieved by the judgment and decree passed by the learned Third Extra Assistant Judge, Rajkot, in Civil appeal No. 288 of 1981, whereby the Third Extra Assistant Judge, Rajkot, set aside the judgment and decree passed by the learned Second Joint Civil Judge, Rajkot, in Civil Suit no. 447 of 1980 by which the suit of the plaintiff came to be dismissed.

( 2 ) PRESENT respondent was original plaintiff in Civil Suit No. 447 of 1980. He filed civil Suit for declaration to the effect that the plaintiff continues in service of the defendants and for the declaration that Notice dated 10th June, 1980 of defendant No. 2 and subsequent office order which is placed on record at Exh. 44 and is dated 8th July, 1980 are illegal, against the principle of natural Justice, unconstitutional, null and void and not tenable at law.

( 3 ) THE fact of the case is that the present respondent original plaintiff joined service as Armed Police Constable on 7th July, 1978 on temporary basis and for the probation for two years without any kind of inquiry, according to the plaintiff, he received a show- cause notice for termination of hi