Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 29,31

Law: Civil Procedure Code (V of 1908)

Section: 96,O.I,II,R.1,2,3

Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--- ----Ss. 29 & 31---School Teacher---Cancellation of secondary school certificate by the Education Board---Suit for recovery of special damages by the said teacher---Non-joinder of necessary party---Death of some of defendants during pendency of proceedings---Effect---Mala fide of employees of Education Board---Proof---Bar of suit against Education Board---Effect---Secondary School Certificate of the plaintiff-employee was cancelled by the Education Board---Plaintiff filed suit for recovery of damages but same was dismissed---Validity---Matriculation certificate of plaintiff-employee was cancelled by the employees of Education Board while working in their official capacity---Education Board had not been impleaded as defendant in the suit---Education Board being an independent legal body could sue and be sued in its own name---Employees of Education Board only had been impleaded as defendants---Complainant on whose application result of plaintiff was cancelled had also not been impleaded---Suit could not be dismissed due to non-joinder of parties but where necessary party was not impleaded then decree could not be enforced on that party---Complainant about the certificate was proper and necessary party but he had not been impleaded---Plaintiff had failed to establish any mala fide against the employees of Education Board for cancelling his certificate--Claim against the Education Board had to be established through convincing evidence---Some of the defendants died during pendency of proceedings and suit to their extent had been dismissed---Personal action would die with the death of either of the parties---Plaintiff had failed to establish that other defendants were directly or vicariously liable for cancellation of his result---Defendants who conducted inquiry against the plaintiff did not know him so as to have any mala fide intention in their mind---Disciplinary Committee issued notice to the plaintiff-employee to appear before it but he did not appear and case was decision dated the basis of available material---Jurisdiction of Court had been barred with regard to acts done by the…

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