JUDGMENT :

H.K. Rathod, J.

Heard learned advocates appearing on behalf of respective parties.

2. I have perused record and proceedings received from Courts below. I have also perused judgment and decree passed by trial Court and confirmed by appellate Court.

3. The following substantial question of law are involved in this appeal as framed by this Court by order dated 18th March 1992 :

(i) Whether it is open to the appellants to contend that the suit was time barred ? If so, whether the suit was time barred ?

(ii) Whether the Courts below have committed a substantial error of law in granting an absolute injunction in terms in which it is granted ?

4. The brief facts of present appeal are as under :

4.1 The plaintiff Mohanbhai Kanabhai Parmar was selected as Unarmed Police Constable and resumed the duty on 27th February, 1983 and during the service, plaintiff was sent to the training at PTS, Baroda and before completion of training in the month of April, 1984, he has appeared in written test and on following grounds of copying in the examination, a report was made to DSP. Thereafter, without affording him any opportunity, service of plaintiff was terminated, therefore, plaintiff has filed