Law:

Section:

Declaratory decree Suit for Suit for bare declaration that dismissal from service was illegal Decree obtained in such suit not executable Civil Procedure Code (V of 1908), S. 47 & O. XXI, r. 32 Specific Relief Act (I of 1877), S. 42. Where a person files a suit against his master for a bare declaration that his dismissal from service was illegal, with¬out at the same time asking for consequential relief such as damages, if a declaration to that effect is granted by the Court, it cannot be executed in accordance with any of the provisions of the Civil Procedure Code, 1908. Such a declaration might vindicate the honour of the servant, but for its execution he has to depend on the good sense of his master. Andhra University v. Korada Durga Lakshmi Mancharam A I R 1951 Mad. 870 ref: THIS JUDGMENT DELIVERED BY: AKBAR, J. This appeal is directed against an order of the District Judge, Chittagong, dated the 20th December 1957, reject¬ing the appellant debtor's objection to the execution of a decree passed in Other Suit No. 104 of 1953 of the Second Court of Munsif, Chittagong. 2. The facts of the case may be briefly stated as follows: Badsha Mia who was a motor driver in Gladstone, Wyllie Co., Ltd. (hereinafter referred to as the Company), was dismissed from service. He then filed a suit for a declaration that his dismissal was illegal and prayed for reinstatement in his old post. The said suit was decreed as follows: ---- "That the suit be decreed on contest without costs. Dis¬missal of plaintiff from the service of Messrs Gladstone, Wyllie Co., Ltd., by their letter, dated 27th July 1951, communicated to the General Secretary, Chittagong Mercantile Employees' Association, be declared unjust and wrongful. Defendant is hereby directed to reinstate the plaintiff in its service as driver or in any other post with all attendant benefits. The reinstatement shall be with effect from 5th July 1951, and the period up to this date shall be considered as his leave without pay." 3. The defendant Company did not prefer any appeal against the said decree. The plaintiff, however, filed an application under Order XLVII, rule 1 of the Code of Civil Procedure for deletion of the…

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