Kedar Nath Vs. Muzaffar Ali Khan - Court Judgment
|Court||Allahabad High Court|
|Judge||John Edge, C.J. and ;Burkitt, J.|
|Respondent||Muzaffar Ali Khan|
civil procedure code, sections 556, 568 - application to restore an appeal dismissed ex parte--evidence--practice. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established.....john edge, c.j. and burkitt, j.1. no affidavit in support of the application was filed in the court below, affidavits are necessary, not only for the information of the court but for the information of the opposite side, and an affidavit should have been tiled in the court below. we agree with the decision of this court in hari das mukerji v. radha kishan das weekly notes 1890 p. 166, and dismiss this appeal with costs.
John Edge, C.J. and Burkitt, J.
1. No affidavit in support of the application was filed in the Court below, Affidavits are necessary, not only for the information of the Court but for the information of the opposite side, and an affidavit should have been tiled in the Court below. We agree with the decision of this Court in Hari Das Mukerji v. Radha Kishan Das Weekly Notes 1890 p. 166, and dismiss this appeal with costs.