This is a Civil Revision Petition filed against the order made by the learned Subordinate Judge of Kozhikode in O.S. No. 76 of 1952.

The facts are: The plaintiff Kuttikrishna Menon was employed in the Guru-vaym Devaswom of which the present hereditary trustees are defendants 2 and 3. The plaintiff’s services were terminated with effect from 10th July, 1952. The plaintiff then rushed to Court with this suit in order to nullify this order and also for recovery of damages contending that the order terminating his services was illegal, void and inoperative and that he was not given an opportunity to explain the charges against him, if any, before removal from service. The contention of the defendants was that this suit was impliedly barred by reason of section 49 and 93 of the Madras Act XIX of 1951 read with section 9, Civil Procedure Code. The learned Subordinate Judge relying upon Kallalagar Devasthanam v. Thirumala Nambigal1 and Secretary of State v. Mask & Co.2, held that where principles of natural justice or judicial procedure have not been complied with, civil Courts have jurisdiction to examine into cases, and gave a finding under issue 1 that the suit was maintainable