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1935 Supreme(All) 288

ALLSOP, BENNET
B. Roshan Lal Goswala – Appellant
Versus
District Board – Respondent


JUDGMENT

Bennet, J. - This is a second appeal by a plaintiff whose suit has been dismissed by the lower appellate Court. The plaintiff was employed as secretary of the defendant District Board, and he claims for a declaration that the resolution of 16th October 1932 is void and that he has been wrongfully dismissed and that he is entitled to damages for wrongful dismissal, and he claims a large sum as damages made up of salary and leave allowances, etc. which, he would have received. The lower Court finds that after his services were terminated by a resolution of the board abolishing the post of secretary and the post of engineer and creating a combined post of secretary-engineer he received four months pay. The first question which arises is whether the appellant has any right of suit. As an abstract proposition of law such a right might arise in one of two ways; either by contract between the parties fixing the term's of service of the plaintiff or by statute fixing the terms of service of the plaintiff and giving the plaintiff a right to sue. The relief of damages claimed appears to be a claim u/s 73, Contract Act, compensation for loss or damage caused by a breach of contract. T

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