S.P. Pathak, J. - (1.) This second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 12th November, 1992 passed by the Additional District & Sessions judge No.4, Jaipur City Jaipur in Civil Regular First Appeal No.53/1988 reversing the judgment and decree dated 22nd February, 1978 passed by the Additional Munsiff Magistrate No.2, Jaipur city, Jaipur in Civil Suit No.683/1973.
(2.) Briefly stated, the facts for the disposal of the present second appeal are that the respondent-plaintiff Narain Prasad filed a suit for permanent and prohibitory injunction before the trial court wherein challenge was made to the notification dated 24.6.1973 by which two posts of Legal Assistants sought to be filled-in by direct recruitment were advertised on the ground that they were to be filled-in 50% by promotion and 50% by direct recruitment and the plaintiff-respondent was qualified and fulfilling all the requirements, therefore, the post of Legal Assistant was required to be filled by promotion. It was prayed that the defendant-appellant be restrained from filling up two posts of Legal Assistants by direct recruitment and against one of those posts the plaintiff be first promoted. It was also prayed that the defendants be further restrained from conducting selection/appointment on two posts of Legal Assistants according to the advertisement dated 24.06.1973 till 50% of the posts are filled up by promotion. The suit was filed on 28.09.1973. The plaint was amended and a declaration was sought in relation to the relief.
(3.) In the written statement filed, it was the stand of the appellant that the appellant is a Sahakari Bhoomi Vikas Bank Limited registered with the Registrar, Co-operative Societies and a notice was required under section 143 of the Rajasthan Co-operative Societies Act, 2001 (in short to be referred as, 'the Act') which was not served on the Registrar. It was also the stand that the posts were filled up by direct recruitment on 28.9.1973 itself by appointment of defendant Krishna Murari Sharma and Avdhesh Narain Mishra.;