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2012 Supreme(Raj) 1989

GOPAL KRISHNA VYAS
Hong Kong & Shanghai Banking Corporation Ltd. – Appellant
Versus
M/s. Neeti Bhatnagar – Respondent


For the Petitioners:R.K. Thanvi, Sr. Advocate and Narendra Thanvi, Advocates.
For the Respondent:Himanshu Maheshwari, Advocate.

JUDGMENT

1. - In this revision petition filed under section 115, C.P.C., the petitioner-defendants are challenging validity of order dated 8.4.2010 passed by the Civil Judge (Sr. Dn.), Jodhpur in Original Suit No. 23/2010 filed by the respondent-plaintiff for mandatory and declaratory injunction.

2. As per facts of the case, in the suit filed by plaintiff-respondent for mandatory and declaratory injunction against the petitioner-defendants to challenge the letter dated 9.3.2010, by which, the petitioner Bank decided to put the services of the respondent-plaintiff to an end.

3. In the suit an application under Order 7 Rule 11, Civil Procedure Code was filed by the petitioner-defendant with the prayer that suit is barred by law on the ground that the plaintiff-respondent is in private employment which normally would be governed by terms of the contract between the parties, therefore, the relief sought in the suit cannot be granted by the civil Court as the suit for enforcing the contract of personal service is clearly barred under Section 14 of the Specific Relief Act, 1963. The application filed by the petitioner-defendants was rejected FLR(1)-42 vide, order dated 8.4.2010. Instant re














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