JUDGMENT

B.N. Agrawal, J.-Leave granted.

2. 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.

3. 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 subsequently approved by the ad hoc Governing Body. After constitution of the regular Governing Body, defendant No. 2 passed an order terminating the services of plaintiff in contravention of Statutes of Bihar University which necessitated filing of the present suit. In the said suit, th