VINEY MITTAL, J. - (1.) The plaintiff has concurrently lost before the two courts below. He filed suit for mandatory injunction and claimed that he was entitled to grant of disability pension to him with effect from April 09, 1974 i.e. the date when he was invalided out of the service on account of his medical disability.
(2.) The suit in question was filed by the plaintiff on February 21, 2002.
(3.) The defendants took up the stand that the suit filed by the plaintiff was hopelessly barred by limitation. It was also claimed by them that the plaintiff was found to be suffering from "CSOM LT.MODERAT SIZED DRY CENTRAL PERFORATION LT. EAR RT TM SCAREED C CALCEROUS PATCH INTACT MOBILE:". The defendants also pleaded that the plaintiff had served the Army only for a period of four months and therefore, there is no question of his claiming any disability pension. The defendants also maintained that as per the medical opinion, the disease suffered by the plaintiff was a constitutional disease and was not aggravated by the service conditions nor caused therefrom.;