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1938 Supreme(Nagpur) 44

NIYOGI
DISTRICT COUNCIL OF SEONI – Appellant
Versus
NANHARIYARAM SHARMA – Respondent


Advocates Appeared:
G R Pradhan, M Samiullakhan, Advocates

JUDGMENT

Niyogi, J—This is an application for revision of an interlocutory order passed on' 3rd September 1937 by the Subordinate Judge, Second Class, Seoni, in Civil Suit No. 25-A of 1937. Upon this application arises a question of limitation. The non-applicant (plaintiff) was employed as a sub-overseer in the service of the District Council, Seoni. By a resolution passed at a special meeting of the District Council on 20th May 1934, it decided to abolish one of two posts of sub-overseers. In pursuance of this resolution the Chairman of the Council issued on 22nd May 1934 an order to the non-applicant informing him that his services were dispensed with, with effect from 25th June 1934. The non-applicant appealed to the Deputy Commissioner who set aside the Chairman's order. The Deputy Commissioner's order was upheld by the Commissioner on 21st August 1935. The District Council thereon moved the Local Government for revision of Commissioner's order and the Hon'ble the Minister for Local Self-Government reversed the Commissioner's order and restored that of the Chairman, District Council. This order which was passed on 3rd March 1936 was communicated to the non-applicant on 7th March





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