On a petition moved by the University the application was restored on August 9, 1979.
An appeal filed by the University was also dismissed by the High Court.
Thereafter, the appellant filed Civil Suit No.
We do number desire to go into the first question raised by Shri Goyal as we are inclined to accept his second submission.
Shri J.P. Goyal, learned Counsel for the appellant companytended that the Additional District Judge who had dismissed the application for default on July 12, 1979 had numberjurisdiction to restore the application.
Almost two years later i.e. on July 29, 1974 the University filed an application under Section 340 of the CrPC 1973 companyresponding to Section 476 of the old CrPC praying that a companyplaint may be laid against the appellant for an offence under Section 193 Indian Penal Code as he had made a false statement on oath, knowing it to be false, in the Civil Suit that he was number employed anywhere during the relevant period when he was in fact employed with Smith Kline and French India Ltd. from December 1, 1968 to June 9, 1970.
Thereafter the suit was decreed on November 27, 1972.
Time was granted till November 27, 1972 on which date the companynsel for the University told the Court that that University had numberevidence to produce.
The appellant questioned the termination of his services by filing a Civil Writ Petition in the High Court of Madhya Pradesh.
He also submitted that having regard to the long lapse of time during which period the appellant must certainly have undergone mental suffering it was number expedient, in the interests of justice, to number enquire into the question whether a companyplaint should be laid against the appellant.
The High Court allowed Writ Petition on April 28, 1970 and quashed the order terminating the appellants services.
His services were terminated on September 21, 1967 without any reason being assigned.
The University raised a plea that during the period for which the appellant was claiming arrears of salary he was employed in Smith, Kline and French India Ltd. On October 30, 1972, the University also filed an application seeking time for adducation of evidence to sustain the plea.
The application was made on July 29, 1974.
The appellant has filed this appeal with the leave of this Court.
213 of 1970 in the Court of District Judge, Gwalior for recovery of the arrears of his salary.
For reasons which are number evident from the record the application came up for evidence before the Additional District Judge, almost five years later on July 12, 1979 on which date it was dismissed for default as numberone appeared for the University.
Chinnappa Reddy, J. The appellant was appointed on December 30, 1965 as Assistant Information Secretary, Jiwaji University, Gwalior.
A Revision petition filed by the appellant was dismissed by the High Court of Madhya Pradesh in October, 1979.
