( 1 ) THIS is a plaintiffs application in revision against a decree of a Small Cause Court Judge, dismissing his suit for recovery of arrears of pay and certain other amounts. The applicant was in the employ of the Municipal Board, Kanpur at a monthly salary of Es. 50, in charge of looking after the Boards cases in various Courts. He was suspended from service on 2-9-1941 and, later on, prosecuted in two cases for misappropriation of funds. In one he was acquitted on the 4th january, and in the other discharged on 1-2-1943. He was then re-instated on 7-3-1943; but departmental proceedings being taken against him, he was dismissed from service on 22-18 1948. When re-instated, he was not paid the remaining 3/4ths of his salary for the period of his suspension, 3-9-1941 to 7-3 1943, only 1/4th being paid to him during the interval as a subsistence allowance He served a notice on the Board on 21-10 1944, asking for the arrears of his pay at the rate of Es. 37-8-0 per month, some dearness allowance and the Boards contribution to his Provident Fund Account of the said period. This being refused, he filed the suit on 22-12 1944.

( 2 ) AMONG other defenses, the Board resi