- (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 20.10.2011 passed by Additional District Judge No.1, Bhilwara, whereby, the appeal filed by the appellant against judgment and decree dated 15.03.2007 passed by Civil Judge (Junior Division), Mandal, District Bhilwara has been dismissed.
(2.) The facts in brief may be noticed thus : the appellantplaintiff filed a suit seeking perpetual injunction and for cancellation of order dated 30.11.1992 with the averments that plaintiff was appointed as part time Class-IV employee on 22.09.1989 and since then he was working on the said post and his work has been satisfactory; he is eligible to be made permanent; however, by order dated 30.11.1992 he has been discharged from the serivce, which order was liable to be cancelled and a declaration in this regard was sought.
(3.) A written statement was filed by the respondents with the averments that plaintiff was employed as part time wager and the appointment was for three months only; further objections regarding the maintainability of the suit and lack of notice under Section 80 CPC were also raised.;