( 1 ) THE plaintiff was an employee of the Municipal Board. He was appointed by the Municipal board in the grade of Rs. 30-2 50 on an initial salary of Rs. 40 on 17 6-1931. On 16-6-1932, he was confirmed in his post and the duties assigned to him were to look after the cases in Courts of law on behalf of the Board. In June 1936 he was drawing a salary of Rs. 50 which salary be continued to draw till 2-9-1941, when he was suspended on certain charges. On 4-1-1943, he was acquitted of one charge and on 1-1-1943, he was discharged of the other charge. On 7-3-1943, he was remstated but the Commissioner raised certain objections and ultimately on 22-12-1943, the Board terminated his service and dismissed him. The plaintiff filed a suit on 22-12-1944, claiming that, on his reinstatement in 1943 he became entitled to get his full salary for the period during which he was under suspension i. e. from 2-9-1941 to 7-3-1943. The suit was brought against the Kanpur Municipal Board through its Chairman.

( 2 ) THE Board took various objections. One of the pleas raised on behalf of the Board was that the suit was barred by limitation The provision relied on by the Board was Section 326