The plaintiff was serving as Assistant Teacher with skill and reputation. But he was dismissed from service which was duly approved by the Board. Hence the plaintiff is constrained to file the suit for re-instatement in his service—defendant-petitioners filed an application for rejection of the plaint of the suit but the said petition the deposition of the witnesses of the
plaintiff has been taken and there was no scope to allow the petition at this stage—Held : In view of the clear provisions of section 45 of the East Pakistan Intermediate and Secondary Education Ordinance, 1961, 1 think the learned Senior Assistant Judge ought to have allowed the application of the defendants under Order 7 Rule 11(d) of the Code of Civil Procedure and ought to have rejected the plaint of the plaintiff as no civil suit lies — the rule is made absolute.
Managing Committee Vs. Amullya Kumar Sarker 4BLT (HCD)-70.