Manojit Bhuyan, J. (Oral)-

Heard Mr.B.R.Dey, learned senior counsel assisted by Mr. P.K. Debroy, learned counsels appearing for the appellant. Also heard Mr. F.U.Barbhuyan, learned counsel appearing for respondent no.2.

2. This appeal was admitted for hearing on 3.9.2003 on the following substantial questions of law:

" (1) Whether the Civil Court can declare the appointment of the appellant as illegal in violation of the provisions of Section 9(2) of the Assam Administrative Tribunal Act, 1977 read with Section 2(e) of the said Act which includes appointment as condition of service?

(II) Whether the suit is maintainable in absence of U/S 80 C.P.C. notice?

3. The learned counsel for the parties, at the very outset agrees that an answer to the first substantial question of law would sufficiently determine the fate of this appeal.

4. The facts in brief is that the respondents/plaintiffs instituted Title Suit No.62/1994 challenging the appointment of the appellant (impleaded as defendant no.7 in the suit) to the post of Lower Division Assistant (L.D.A.) in the office of the South Karimganj Irrigation Division under the Irrigation Department, Government of Assam. According to the respondents

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