Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instant of a defendant in a suit for declaration and permanent injunction and is directed against the judgment and decree dated February 19,1992 parsed by the learned Additional District Judge, 3rd Court, Alipore in Title Appeal No. 3ji of 1989 thereby affirming those dated September 21, 1988 passed by the Munsif 6th Court, Alipore in Title Suit No, 125 of H979
(2.) The plaintiff/respondent, a former employee of the defendant/ appellant filed the aforesaid suit for declarations, that his date of birth is December 25, 1926 and not May 2. 1919 as alleged by the appellant, that the letter dated March 20, 1;79 issued by the Personal Manager of she appellant was illegal, that his service will continue upto December 25,1936 and for permanent injunction obtaining the appellant from giving effect to the order of dismissal by virtue of the letter dated March 29,1979 till the respondent attains 60 years on December 25,1986;
(3.) The aforesaid suit was contested by the appellant thereby contending inter alia that the suit was not maintainable end that the Company acted in accordance with the date of birth declared by the plaintiff himself in his employment proposal form.;