R.L. Anand, J. - (1.) UNSUCCESSFUL plaintiff Chander Bhan has filed the present regular second appeal and it has been directed against the judgment and decree dated 13.6.1983 passed by District Judge, Rohtak who dismissed the appeal of the appellant by affirming the judgment and decree dated 8.2.1983 passed by Sub Judge 1st Class, Rohtak whereby the suit of the plaintiff for declaration was dismissed.
(2.) THE brief facts of the case are that Chander Bhan plaintiff joined the service as a Mashalcni in Interns Hostel, Medical College Hospital, Rohtak on 14.1.1972. His services were terminated by means of an order dated 13.11.1976. The plaintiff filed a suit for declaration challenging the order of termination and it was inter -alia pleaded by him that he was a confirmed employee and had put in more than three years of service. He averred that the impugned order is illegal, ultra vires and not binding upon him. He made several representations to the Director Principal of Medical College Hospital, Rohtak, but to no avail. The last representation was made by him on 20.9.1979. With these broad allegations the plaintiff filed the suit. The suit was contested and it was denied by the defendants that the plaintiff was a confirmed employee. According to the defendants, the plaintiff was only a temporary employee. His services were terminated as those were not required. The defendants took preliminary objection that the suit of the plaintiff is barred by time and is not maintainable against the Director Principal of the Medical College Hospital as he is not a legal entity.
(3.) THE learned trial Court framed the following issues on the pleadings of the parties : - "1. Whether the services of the plaintiff have been rightly terminated by the competent authority ? If so to what effect ? OPD 2. If issue No. 1 is not proved whether the plaintiff is still in service? OPD 3. Whether the suit of the plaintiff is time barred ? OPD 4. Whether the suit is not maintainable against defendant No. 2? OPD;