JUDGMENT

K.B. Asthana, J. - This application in revision has been filed by the plaintiff who brought a suit against the Indian Institute of Technology, Kanpur (hereinafter called the Institute) and its Director for a declaration that the order terminating his service was null and void and he be treated in service. He also prayed for recovery of his pay and allowances. The suit was dismissed by the learned Civil Judge as not maintainable but on appeal the order was modified by the learned Additional District judge who rejected the plaint under Order VII, Rule 11 of the C. P. Code.

2. The Indian Institute of Technology existed as a registered society under the Societies Registration Act 1868 when the Institutes of Technology Act 1961 (Herein-after called the Act) was published in the Government of India Gazette on 20-12-1961 and came into force with effect from 1st April, 1962. The plaintiff applicant got his appointment and joined his post in the Institute before the commencement of the Act. Under Section 4 of the Act the Institute became a body corporate having perpetual succession and a common seal. Sec. 5 of the Act deals with the effect of the incorporation of Institutes. It lays