decree which may be set aside. This factual version projected by the first defendant was believed by the court below, in spite of the objection raised by the petitioner herein that the first respondent/first defendant was actually working in NSS Higher Secondary School, Mullurkara, Wadakkancherry, Thrissur District, as a teacher during the said relevant time. It is pointed out that the petitioner had filed an application under the Right to Information Act proceedings seeking vital information as to whether the first respondent herein was actually on leave or was working in that school during the time from 13.8.2015 till 31.10.2015. That the said information was disclosed by the Headmistress of the said Higher Secondary School along with Annexure-A letter dated 25.8.2017 and that the details in that regard is covered by Annexure-B herein. It is the contention of the petitioner herein is that Annexure-B information now conveyed by the school authorities by proceedings under the Right to Information Act that as a matter of fact the first respondent herein was working in the said school for the period from 13.8.2015 till 31.10.2015. Though the said information was actually sent to the petitioner as per Annexure-A letter dated 25.8.2017, he could not place those details to the counsel appearing before the court below as he was then employed in the Indian Army in connection with counter insurgency operations in Kashmir valley. In the light of these aspects, the petitioner was not able to instruct these factual details to his counsel and therefore, the
