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Debi Saran Sahi Vs. Mahabir Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in7Ind.Cas.102
AppellantDebi Saran Sahi
RespondentMahabir Singh and ors.
Excerpt:
.....opportunity--waiver. - 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 and administered by the cantonment board. teacher employed in the school run by cantonment..........such circumstances, it appears to be clear under the rules that the objection raised in the courts below and here must be deemed to have been waived. we dismiss the appeal with costs including fees in this court on the higher.....
Judgment:

1. We agree with the Courts below that the plea of non-joinder of parties was not raised by the defendants at the earliest possible opportunity. If that plea had been raised at the time limited by the rules for the filing of the written statement, an opportunity would have been afforded to the plaintiffs of amending their claim by adding parties. But the defendants applied to the Court and got an extension of two months for the filing of their written statement and by this maneuver they precluded the plaintiffs from making an application to the Court for the addition of the parties within the period of limitation. Under such circumstances, it appears to be clear under the rules that the objection raised in the Courts below and here must be deemed to have been waived. We dismiss the appeal with costs including fees in this Court on the higher scale.


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