1. Feeling aggrieved of the judgment and decree dated 13.09.2008 passed by
Additional District Judge, Bank Cases, Jammu (for short Trial Court) whereby
Trial Court while decreeing the suit of the plaintiff/respondent herein, has
declared his dismissal from appellant-bank as illegal and plaintiff declared
entitled to be reinstated as also entitled to damages, the appellant bank has
preferred this civil first appeal.
2. The trial Court decree is challenged by the appellant-bank on the following
grounds:-
(a) Impugned judgment and decree is bad both in law and on facts.
(b) Trial Court has proceeded on the assumption that the dismissal of the respondent
was wrongful without there being any case of the respondent therefor. The suit
was simpliciter recover of damages. The trial Court, unmindful of the frame of
the suit which was simpliciter as suit for recovery, went to the extent of allowing
reinstatement of the respondent not ever prayed for.
