R.B.Misra, J. - (1.) Heard Sri M.M.D. Agarwal. learned counsel for the petitioners, and learned standing counsel for the State-respondents. None appears for the private respondents.
(2.) In this petition prayer has been made to quash the orders dated 21.2.1984 and 15/19th July, 1982 passed by the 8th Additional Munsif, Aligarh in Misc. Case No. 93 of 1983, U.P.S.E.B. and Ors. v. Smt. Pushpa Saxena and Ors. and in Suit No. 128 of 1980, Smt. Pushpa Saxena v. U.P.S.E.B. and Ors. respectively and order dated 3.9.1987 passed by the 3rd Additional Civil Judge, Aligarh in Civil Misc. Appeal No. 37 of 1984, U.P.S.E.B. v. Smt. Pushpa Saxena and Ors.).
(3.) It appears that the respondent No. 3 filed a Suit No. 128 of 1980 before the Munsif Koil, Aligarh for cancellation of appointment of respondent Nos. 5, 6, 7 and 8 and also for issuance of mandatory injunction directing the defendant Nos. 2 and 3 to appoint the respondent No. 3 as trained graduate teacher w.e.f. 1.7.1978 in Vidyut Parishad Bal Vidyalaya (Montenseri) School, Kasimpur, Aligarh. It also appears that in the aforesaid suit an ex-parte decree was passed on 25.1.1982, against which the petitioner filed a recall application, which too was dismissed by the Munsif, Aligarh on 21.2.1984 and the Misc. Appeal No. 37 of 1984 filed against the aforesaid orders was also dismissed by the 3rd Additional Civil Judge, Aligarh. Being aggrieved against the aforesaid orders decreeing the suit of respondent No. 3, the petitioner has come to this Court by saying that the facts placed before the learned Munsif and subsequently before the appellate court were not properly considered and the application under Section 5 of the Indian Limitation Act read with application under Order IX, Rule 13 of C.P.C. was not properly dealt with and the decisions of the courts below are erroneous and illegal, and after he filed the present writ petition the petitioner got an interim stay order obtained from this Court.;