Garib Mian Thikadar vs Mohammad Habibul Rahman

Mohammad Noor, J.—This is an application to revise a decree of the Small Cause Court Judge, Dhanbad, decreeing the plaintiff''s suit for arrears of pay as a teacher of a makhtab of which the defendants were the members of the managing committee.

The plaintiff''s case was that he was appointed by the defendants and afterwards discharged. He sued them for the arrears of pay for fifteen months at the rate of Rs. 12 per mensem. The learned advocate, who appears on behalf of the applicants, contends that no personal decree should have been passed in this case. I think the contention is well-founded. There is no finding of the learned Small Cause Court Judge that when the defendants appointed the plaintiff as a teacher of the makhtab they pledged their own credit or made themselves personally liable. They acted as members of the managing committee of an aided school, and in my opinion they were sued also, as it appears from the judgment of the learned Small Cause Court Judge, in that capacity.

Under the circumstances no personal decree can be passed against them.

The decree passed by the learned Small Cause Court Judge, will be modified to this extent: that the plaintiff will be entitled to realize the decree only from the assets of the school in the hands of the defendants. Parties will bear their costs in this Court.