( 1 ) THE present appeal was preferred against the first appellate decree and judgment dated 12. 3. 1996 recorded by Sri V. S. Shukla, IVth Additional District Judge, Allahabad, in First appeal No. 397 of 1986 arising out of original suit No. 966 of 1982 between Ramji Shukla and laxmi Commercial Bank Ltd, and another. The suit of the plaintiff-respondent stood dismissed by the 1st Additional Civil Judge, Allahabad by his judgment and decree dated 7. 12. 1985. The first appellate Court had reversed the decree of dismissal and had decreed the suit and directed that the letter of the defendants terminating the services of the plaintiff was void. A further direction was given by the appellate Court that the plaintiff-respondent was entitled to full pay and allowances, as were claimed in the suit, as also for the period from the date of the suit till the decree with the benefits of increments, etc. There was a declaration that the plaintiff was continuing with his service. Canara Bank was made liable for the decree.

( 2 ) BEFORE the appeal was filed, a caveat was filed by the plaintiff-respondent through Sri A. K. Yog and accordingly Sri Yog was noticed at the time of