JUDGEMENT
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(1.)Procedure is handmaid of justice. That is a trite saying. By the same token, procedural safeguard cannot be placed at such high a pedestal as always to knock down an order passed in violation of the same, if it be otherwise legal. This is due to legal maxim "quilibet potest renunciarejuri pro se introducto", meaning, an individual may renounce a law made for his special benefit.
(2.)The above is the keynote thought which would pervade in the present cases, one of which is an appeal by special leave against the judgment of Jammu and Kashmir High court in CSA no. 1 of 1989 rendered on 19/04/1990 by which the High court allowed the appeal of the respondent State and set aside the judgment of District Munsif, Poonch by which a suit of the appellant challenging the order of dismissal passed on 31/01/1978 had been decreed, which order had come to be upheld by District Judge, feeling aggrieved at which the High court had been approached by way of second appeal. Another is a writ petition filed directly in this court making a grievance about illegal termination of service and seeking a declaration that dismissal was void and non est.
(3.)The High court dismissed the suit of the appellant on two grounds: (1 the civil court had no jurisdiction to entertain the suit; and (2 the suit was barred by resjudicata.
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