Rajeshwari Prasad, J. - (1.)This is a plaintiff's first appeal from the judgment of Sri R.K. Misra, II Additional Civil Judge, Allahabad, dated 29th April 1960 in Civil suit No. 14 of 1953. (After stating facts and the history of previous litigation in Paras 2 to 19, not material for this report, the judgment proceeded): 20. In the memorandum of appeal filed in this case, the appellant has taken as many as 71 grounds.
(2.)One of the submissions made before us is that the order of dismissal dated 30th Aug. 1949 is not an order, which has been made by the Governor, nor is the order expressed to be in name of or by the order of the Governor. The order of dismissal, proceeded, from the Chief Secretary, who did not have power to order the dismissal of the plaintiff. Learned counsel for the appellant has submitted that on this consideration alone, plaintiff's suit is fit to be decreed, even if the other contentions made on plaintiff's behalf do not succeed. We have, therefore, decided to proceed to consider this particular question first.
(3.)In paragraph 87 of the plaint, it has been alleged that the order of dismissal is illegal, wrongful, void and inoperative on the grounds given in the said paragraph. As many as thirty grounds have been disclosed by the plaintiff in this context. 18th Ground under Paragraph 87, is in the following terms:
"The order of dismissal proceeds from the Chief Secretary, who had no power to order dismissal. The order is not expressed to be in the name of or by the order of, the Governor."
The reply to paragraph 87 as contained in the written statement filed by the defendant is as follows:
"84. The allegations made in para 87 of the plaint are repetition of what has been said in the previous paragraphs of the plaint and as such do not need any further reply".