JUDGMENT

V.G. Oak, J. - The short point for consideration in this Second Appeal is whether the suit instituted by the appellant is within time or not. Shafqat Husain appellant was an employee of the Municipal Board of Sambhal (district Moradabad). On 22-12-1958 the President of the Municipal Board passed an order dismissing the appellant from service. Against that order the plaintiff filed a departmental appeal. That departmental appeal was dismissed by the Prescribed Authority. The order was communicated to the plaintiff on 28-6-1960. On 2-1-1961 Shafqat Husain filed the suit, which has given rise to this Second Appeal. The plaintiff prayed for a declaration that the order of dismissal dated 22-12-1958 was illegal and void, and the plaintiff was still in the service of the defendant-Municipal Board. The plaintiff's claim was resisted by the Municipal Board, Sambhal. One of the pleas raised in defence was that the suit was barred by limitation. The trial Court took up that question as a preliminary issue. The Court upheld the defendant's plea that the suit was barred by time. The suit was, therefore, dismissed. An appeal filed by the plaintiff was dismissed by the Additional Civil J