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1985 Supreme(Ori) 133

D.P.MOHAPATRA
ASHOK KUMAR – Appellant
Versus
DALMIA INSTITUTE OF SCIENTIFIC AND INDUSTRIAL RESEARCH – Respondent


Advocates Appeared:
G.RATH, J.DAS GUPTA

D. P. MOHAPATRA, J.

( 1 ) THIS application under S. 115, Civil P. C. is directed against the order dated 31-10-1981 of the Subordinate Judge, Sundargarh in Money Suit No. 86/78, rejecting the petitioner's application under O. 11, R. 1, C. P. C. for leave to deliver interrogatories to the opposite party. Opposite party, Dalmia Institute of Scientific and Industrial Research, a Society registered under the Societies Registration Act, 1960, filed the above mentioned suit for recovery of Rs. 28,500/- with costs and interest from the petitioner. The facts pleaded in the plaint, short of unnecessary details, are that the defendant Dr. Ashok Kumar Tripathy was appointed by the opposite party as Principal Scientist (Ceramics) in its Research institute at Rajgangpur on a monthly consolidated salary of Rs. 2,000/- under appointment Letter No. RGDI dated May 1/14, 1974 and in pursuance thereof the petitioner entered into a service contract dated 16th May, 74 with the opposite party whereunder, inter alia, he agreed to serve the Society for a period from 16th May, 1974 to 31st Dec. , 1978; on condition that the first four months of service shall be regarded as the period of probation. Subseque









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