Law: Specific Relief Act, 1877

Section: 21(b),42

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) Specific Relief Act (I of 1877)--- ----Ss.42 & 21(b)---Charitable Endowments Act (VI of 1890), Preamble---Civil Procedure Code (V of 1908), O. VII, R. 11---Appointment on contract basis---Suit for declaration for extension in contract appointment---Maintainability---Legal character---Non-statutory rules---Effect---Plaint, rejection of---Scope---Plaintiff-employee was appointed as Principal of School on contract basis for three years---Employee filed suit for extension of contract appointment but plaint was rejected---Validity---Plaintiff-employee was appointed as Principal of the school for a period of three years commencing from 02.03.2011 to 20.03.2014---Employee was intimated that he would stand retired from service on 20.03.2014---Plaintiff had sought declaration on the basis of policy of the Institution---Institution was a trust having no statutory rules/internal policy---Rights and obligations between the parties were contractual in nature---Employment contract of plaintiff was not enforceable under S.21 (b) of Specific Relief Act, 1877---Any suit for specific performance of service agreement was barred under S.21 of Specific Relief Act, 1877---Court was not precluded to examine the maintainability of suit at initial stage even if it was not specifically barred under the law---Court trying a suit for declaration could examine the contents of plaint to consider whether plaintiff was entitled to any legal character or to any right to any property---Impugned policy having no statutory force could not be given any status more than a contractual obligation---If relationship between the employee and employer was not governed through any law or instrument having the force of law then said relationship would be termed as master and servant---Suit for declaration seeking reinstatement in service by the employee of any organization against an employer where relationship of employer and employee was not governed through any statute or statutory rules would not be competent---Employee in case of his termination of contract employment could claim damages only---Present suit could not be proceeded further on legal as well as factual grounds---Plaint had rightly…

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