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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 4481 of 2001

PETITIONER:

DHURANDHAR PRASAD SINGH

Vs.

RESPONDENT:

JAI PRAKASH UNIVERSITY AND ORS.

DATE OF JUDGMENT: 24/07/2001

BENCH:

G.B. Pattanaik & B.N. Agrawal

JUDGMENT:

B.N.AGRAWAL, J.

Leave granted.

In this appeal decree holder-appellant has challenged the

judgment rendered by Patna High Court whereby revision application

has been allowed, order passed by the executing Court, rejecting

objection under Section 47 of the Code of Civil Procedure

(hereinafter referred to as the Code) to the executability of decree

passed in title suit No. 115 of 1977, set aside and objection allowed.

Plaintiff-appellant filed suit for a declaration that order dated

11th October, 1977, passed by defendant No. 2 (respondent No.3)

who was Secretary of Governing Body, Ganga Singh College,

terminating the services of plaintiff, was illegal. According to the case

of the plaintiff disclosed in the plaint, he was appointed as Routine-

cum-Examination Clerk in the said college, which was affiliated to

Bihar University, by Principal of the College on 8.1.1977 which was

subsequen