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1990 Supreme(Gau) 137

B.P.SARAF
Oil and Natural Gas Commission – Appellant
Versus
Indrajit Dutta Choudhury and Another – Respondent


Advocates Appeared:
S.R.Bhattacharjee, G.K.Talukdar, D.K.Talukdar

The only question of law involved in this second appeal is whether the provisions of section 80, Civil Procedure Code would apply to the Oil and Natural Gas Commission.

The facts giving rise to this appeal are very brief. The respondent, as plaintiff, filed a suit in the Court of the Munsiff, Silchar against the Oil and Natural Gas Commission (shortly, 'the ONGC'). His case was that he was appointed as Assistant Grade III by the Joint Manager of the ONGC. He filed his joining report on 30. 10. 75, but he was not allowed to join and ultimately his appointment was cancelled by letter dated 2. 2. 76. Aggrieved thereby the plaintiff riled a suit for declaration that the cancellation of his appointment was illegal. The suit was contested by the ONGC on the ground, inter alia, that it was barred by limitation the same having been filed beyond three years from the date when the right to sue first accrued. The contention of the plaintiff was that he came to know about the cancellation of his appointment only on 2. 2. 76 and brought the suit on 2.4. 79 after service of notice under section 80 CPC on the defendants. His case was that the suit was governed by Article 59 of the Limitation Act a







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