Punjab-Haryana High Court
Punjab State vs Amarjit Singh on 29 April, 2024
Neutral Citation No:=2024:PHHC:058337
2024:PHHC:058337
RSA-1869-1998(O&M) -1-
206 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-1869-1998(O&M)
Date of decision: 29.04.2024
THE STATE OF PUNJAB AND ORS. ...APPELLANTS
VERSUS
AMARJIT SINGH ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Teevar Sharma, AAG, Punjab.
****
NAMIT KUMAR ,J. (ORAL)
1. The appellants/defendants have filed the instant appeal against judgment and decree dated 03.05.1994, passed by the learned Sub Judge, IInd Class, Jalandhar, whereby suit for declaration filed by the respondent/plaintiff has been decreed vide judgment and decree dated 24.03.1998 passed by learned Additional District Judge, Jalandhar, whereby an appeal filed by the appellants/defendants against the judgment and decree dated 03.05.1994 has been dismissed.
2. On the last date of hearing i.e. 12.02.2024, the following order was passed:-
"On 25.10.1999, the sole respondent had appeared in person, however, on the next date of hearing i.e. 17.01.2000 he did not appear and the present appeal was admitted and operation of the impugned judgment was stayed. Thereafter, the present case has been listed today for final disposal.
As per the office report, notice issued to the respondent has not been served.
Learned State counsel shall make efforts to trace out the correct address of the respondent and furnish the same within a period of 04 weeks.
On doing so, let fresh notice be issued to the respondent for 29.04.2024."
1 of 2 ::: Downloaded on - 01-05-2024 03:02:55 ::: Neutral Citation No:=2024:PHHC:058337 2024:PHHC:058337 RSA-1869-1998(O&M) -2-
3. Learned State counsel on instructions from ASI Rajinder Singh, submits that during the pendency of the present appeal, the sole respondent has unfortunately died on 14.03.2012 and his son has been given compassionate appointment. However, his LRs have not been brought on record. He further submits that the appellant shall not press the instant appeal at this stage, but liberty may be granted to the State that in case, any execution is filed by the LRs of the sole respondent, the matter may be heard on merits by reviving the appeal.
4. Disposed of with liberty aforesaid.
29.04.2024 (NAMIT KUMAR) renubala JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 01-05-2024 03:02:56 :::