A.N. Dikshita, J. - (1.) THIS second appeal has been preferred by the Defendants against the judgment and order dated 31.7.1984 passed by the 1st Additional District Judge, Allahabad.
(2.) THE relevant facts as emerge from the record are: The Plaintiff -Respondent filed a suit in the court of Munsif (West) Allahabad, for a declaration that in view of the withdrawal of his resignation a decree for declaration be passed in his favour that he still continues in the service of the New India Assurance Company Ltd., and also for a declaration that the Plaintiff was entitled to all his pay and other benefits. The defendant -Appellants contested the suit denying the allegations of the Plaintiff. After the trial the suit was dismissed by the 7th Additional Munsif, Allahabad, vide his judgment and order dated 1.5.1981. An appeal was then preferred to the court of the District Judge, Allahabad, and the 1st Additional District Judge, Allahabad, by his judgment and order dated 31.7.1984 set aside the judgment and order passed by the 7th Additional Munsif, Allahabad, dismissing the suit and declared that the Plaintiff still continues to be in the service of New India Assurance Company Ltd., and was entitled to attend the office, discharge his duties and draw his pay and allowances as admissible from time to time thus giving rise to the instant appeal.
(3.) THE second appeal was admitted by this Court on the following questions of law which were formulated: 1. Whether the lover appellate court has gone wrong in treating the suit within limitation as it was clearly beyond time on the date of the institution ? 2. Whether the suit of the Plaintiff was barred under Order 2 Rule 2 Code of Civil Procedure? 3. Whether in a declaratory suit only, was it open to the lower appellate court to grant a decree passed by it?;