Law:

Section:

(a) Civil Procedure Code (V of 1908)--- O. XLIV, rr. 1 & 2-Pauper appeal-Contention that once party permitted to file suit as pauper no further application for filing second appeal as pauper necessary and permission to be allowed as a matter of course, held, not correct-Application for permission to appeal as pauper-Necessarily to be filed alongwith memorandum of appeal. (b) Limitation Act (IX of 1908)- ---- Art. 170-Application for permission to appeal as pauper-Must be filed within 30 days of date of decision appealed against-Each day's delay must be explained-Limitation Act (IX of 1908), S. 5. Kamiruddin Mallik v. Smt. Bishupriva Chowdhurani A I R 1929 Cal. 240 not approved. (c) Constitution of Pakistan (1972) -- Art. 186(3)-Matter within discretion of High Court in entirety-­Discretion neither exercised perversely nor arbitrarily-Petition for leave to appeal dismissed. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner, who has appeared in person, was employed by the respondent as a Boxing Coach in accordance with the terms and conditions contained in letter No. PESC/2081 dated 31-3-65 on a salary of Rs. 500 per month. The post was initially created for a period of five years; but, on the 29th June 1966, the services of the petitioner were terminated by the respon­dent-Board on three months' notice with effect from 28-9-66 on the plea that the post had been abolished. The petitioner filed a suit in forma pauperis for damages alleging that the termination of his services before the expiry of the stipulated period was in breach of the contract. He claimed salary for the entire unexpired term at the rate of Rs. 500 per month. The trial Court dismissed the suit holding that, under paragraph 4 of the letter of appointment itself, either side was at liberty to terminate the contract with three months' prior notice, and since this is exactly what had been done by the respondent-Board, the petitioner had no cause for complaint. The mere fact that a post was created for a particular period was no guarantee that the person appointed in the first instance would continue for the entire period. In any event, since the post had been abolished, the petitioner could not…

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