9911796707
TMI Blog2008 (2) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... granting interest shall stand deleted and in other respects the order made by the Executing Court, as affirmed by the High Court is maintained. The appeal is disposed of accordingly. This appeal was filed against the order of the Punjab and Haryana High Court, wherein the High Court in its revisional jurisdiction had dismissed the revision filed by the State and its three other officers against the order passed by the Civil Judge (Junior Division), Ludhiana. By its order the Trial Court had allowed the application filed by the applicant herein, Harvinder Singh. In his application, which was filed during the execution, the applicant had pointed out that the net amount due to him as a decree- holder was ₹ 4550/- and he was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court, came to be assailed. A notice was issued to the State Government on the application and the parties were heard by us. 4. The applicant-respondent argued himself and contended before us that on some earlier occasions this Court had granted interest during the execution. Some orders have been filed before us by the applicant- respondent, passed by this Court in CMP No.270 of 1979 dated 6.2.1979 (Krishna Murari Lal Sehgal vs. State of Punjab), CMP Nos.19534-35 of 1981 in CA Nos.1298-99 of 1969 dated 9.11.1981 (Krishna Murari Lal Sehgal vs. State of Punjab) as also the orders passed in CMP No.36232 of 1983 in Civil Appeal No.1390 of 1978 dated 13.9.1984 (Baldev Raj Chadha vs. Union of India Ors.), in support of the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order is one without jurisdiction and is thereby a void order. 5. Our attention was invited to the Trial Court judgment wherein reliance was placed on the reported decision of Punjab and Haryana High Court in The State of Punjab v. Radha Ram Anr. [1990 (2) SLR 588. In this case a learned Single Judge of the Punjab and Haryana High Court has taken a view that even if the decree is silent upon the interest, the executing court can grant it in case of money claims. In this case the learned Single Judge had relied on the decision of the Full Bench between the parties in Radha Ram v. Municipal Committee, Barnala [1983 PLR 21]. Three paragraphs are quoted from that decision. All the three paragraphs only pertain to the right of a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is clear that the Trial Court, though was justified in relying upon the aforementioned judgment of the learned Single Judge of the Punjab and Haryana High Court, that judgment itself does not give out the correct law. In that view, the Trial Court's order was patently incorrect and the order of the High Court confirming the same in the Revision was also incorrect and it is for this reason that this Court by its order dated 14.8.2003 set aside that order. 6. It is contended in this application that the applicant-respondent herein did not or could not remain present at the time of hearing due to illness. However, since a complaint was made that he was not heard and the judgment was passed behind his back that we heard the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
