Anjani Kumar, J. - (1.) This is the plaintiffs second appeal against the judgment and decree dated 26th February, 1979, passed by Civil Judge, 1st, Varanasi in Civil Appeal No. 735 of 1977. whereby the lower appellate court has dismissed the appeal filed by the appellant-plaintiff and maintained the order dated 31st May, 1977, passed by the trial court.
(2.) The facts leading to filing of the second appeal is that the plaintiff-appellant filed a suit being Suit No. 111 of 1972 for the following reliefs : "(a) That by a decree of this Hon'ble Court it be declared that the order of removal dated 10.2.1970 served on 19.9.1971 is illegal being ultra-vires and as such is not binding on the plaintiff and the plaintiff is a full fledged "RAKSHAK" as before with rights to receive all his pay and other emoluments attached to the post valued at Rs. 300 for declaration. (b) That the cost of the suit be awarded to the plaintiff. (c) That such other and further relief as the nature of the suit may admit be also passed in favour of the plaintiff against the defendant."
(3.) The aforesaid suit filed by the plaintiff-appellant was contested by the defendant. The trial court dismissed the suit vide judgment and order dated 8th February, 1975, Aggrieved by the aforesaid order, the plaintiff-appellant preferred an appeal being Civil Appeal No. 226 of 1975 before the lower appellate court. The lower appellate court vide its order dated 13th November, 1975, allowed the appeal and the judgment and decree dated 8th February, 1975, passed by the trial court was set aside and the suit is remanded back to the trial court for decision afresh according to law and in light of the observations made in the body of the judgment. Thereafter the trial court again heard the matter as directed by the lower appellate court and after hearing learned counsel for the parties dismissed vide its order dated 31st May, 1977. Aggrieved thereby, the plaintiff-appellant preferred an appeal being Civil Appeal No. 735 of 1977, which was dismissed by the lower appellate court vide its order dated 26th February, 1979. Thus, this second appeal.;