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1969 Supreme(All) 11

S.N.DWIVEDI, HARISWARUP, S.K.VERMA
Bhagwan Swarup – Appellant
Versus
Municipal Board, Ujhani – Respondent


Advocates:
Sirish Prasad, for Applicant; N. Lal, for Opposite Party.

Judgement

VERMA, J. :- This application in revision came up for hearing before Oak, C. J. and S. N. Singh, J. They have referred it to a Full Bench because of a conflict between two Division Benches of this Court- Siyadat-un-nissa v. Muhammad Mahmud, (1897) ILR 19 All 342 and Mukat Beharilal Agarwal v. Addl. District Magistrate Bareilly, AIR 1959 All 699.

2. The question involved in the case is one of limitation and it arises in this way. The applicant Bhagwan Swarup filed a suit against the opposite parties for the recovery of Rs. 600 by way of damages on the allegation that he had been maliciously retrenched from his position as Commanding Officer of No. 229, U. P. N. C. C. R. Company of Municipal Intermediate College, Ujhani. The learned Munsif decreed the suit of the applicant against defendants nos. 1 and 2 on May 25, 1967. The Civil Courts closed for the summer vacation on June 2, 1967 and reopened after the vacation on July 3, 1967. The application for copies of the judgment and decree was made on the same date, that is to say on, July 3, 1967. Copies were ready and delivered on July 5, 1967 and the appeal was filed on July 6, 1967.

3. A preliminary point was raised before the




















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