As subsequently during the pendency of the execution case, Jai Prakash University was formed and the companylege in question thereupon became a companystituent unit of the said University, the same also filed similar objection to the executability of the decree.
As the judgment debtors refused to companyply the directions companytained in the decree, the appellant levied execution.
Hence, this appeal by Special Leave.
In the said suit, the Governing Body of the College in question which was defendant No.
2 respondent No.3 who was Secretary of Governing Body, Ganga Singh College, terminating the services of plaintiff, was illegal.
After companystitution of the regular Governing Body, defendant No.2 passed an order terminating the services of plaintiff in companytravention of Statutes of Bihar University which necessitated filing of the present suit.
In the said execution case, an objection under Section 47 of the Code was filed on behalf of Principal of the College as well as the Bihar University objecting to the executability of the decree on grounds, inter alia, that during the pendency of the suit on Ist October, 1980, the College in question became the companystituent unit of the Bihar University and the erstwhile Governing Body ceased to exist but the University was number impleaded party in the suit and companysequently the decree was number executable against it inasmuch as the exparte decree was obtained against the erstwhile management by suppressing this fact.
1 entered appearance but numberwritten statement was filed and the defendant absented itself and the suit was fixed for exparte hearing which was decreed exparte and the defendants were permanently restrained from giving effect to the order of termination.
N.AGRAWAL, J. Leave granted.
Plaintiff appellant filed suit for a declaration that order dated 11th October, 1977, passed by defendant No.
