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1986 Supreme(J&K) 110

R.P.SETHI
T. N. Raina – Appellant
Versus
Haleema Mufti – Respondent


Advocates Appeared:
Advocate For Appellant: K.N. Bhat
Advocate For Respondent: N.A. Hakak
Advocate For Respondent: Riaz Hussain

1. The respondent No. 1 filed a civil suit for declaration to the effect that the order passed by respondent No 1 under No 316-GR-EDU/ 1986 dated 27-6-1686 was null and void, illegal and not binding upon her with a consequential relief of permanent injunction restraining the defendant-State from relieving the plaintiff from the post of District Education Officer, Pulwama. The order impugned which was stated as an order of transfer was challenged mainly on the ground that the same amounted to reduction in rank, status and protocol of the petitioner,™ plaintiff and that the same was the result of malafides. The plaintiff valued the suit for purposes of jurisdiction at Rs. 12,000/- for the relief of declaration and Rs. 10/- for the relief of injunction. An application was also filed for dispensing with the service of notice under section 80 CPC along with an application for the grant of temporary injunction. The learned trial court vide its order dated July 4th, 1986 dispensed with the service of notice in the petition for the grant of temporary injunction on the same day to the respondents to appear on the next date and on 5-7-1986 the impugned order was passed whereby the operation







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