The State Of Punjab vs J.S.Thind

Punjab-Haryana High Court

The State Of Punjab vs J.S.Thind on 9 May, 2024

                                   Neutral Citation No:=2024:PHHC:065032




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

216
                                              RSA-4607-1999 (O&M)
                                              Date of decision : 09.05.2024

State of Punjab and another                                   ....Appellants

                                  V/S

J.S. Thind                                                   ....Respondent

CORAM :       HON'BLE MR. JUSTICE NAMIT KUMAR

Present:      Mr. Surya Kumar, A.A.G., Punjab.

              Mr. B.S. Patwalia, Advocate with
              Mr. Abhishek Masih, Advocate for the respondent.

                                  ****

NAMIT KUMAR, J. (ORAL)

1. The appellants/defendants have filed the instant appeal against judgment and decree dated 14.08.1999, whereby learned District Judge, Sangrur, while allowing the appeal filed by the respondent/plaintiff has set aside the judgment and decree dated 27.02.1999 passed by learned Civil Judge (Senior Division), Sangrur, whereby suit for declaration and permanent injunction filed by the respondent/plaintiff was dismissed.

2. As per office report, notice sent to the sole respondent has been received back with the report that he has died.

3. The respondent/plaintiff had filed a suit for declaration to the effect that order of suspension dated 13.07.1998 passed by defendant No.1 is illegal, void, without jurisdiction and in violation of principles of natural justice. The suit was dismissed vide judgment and decree dated 27.02.1999 passed by the trial Court. Against the said 1 of 2 ::: Downloaded on - 14-05-2024 23:12:15 ::: Neutral Citation No:=2024:PHHC:065032 RSA-4607-1999 (O&M) 2 judgment and decree, an appeal was preferred by the respondent/plaintiff before the lower Appellate Court, which was allowed vide judgment and decree dated 14.08.1999. The said judgment and decree has been impugned by the State in the instant appeal which was admitted on 27.01.2000 without any stay.

4. Since the respondent has already died, therefore, nothing survives in the present appeal.

5. Disposed of accordingly.

09.05.2024                                            (NAMIT KUMAR)
kothiyal                                                 JUDGE

             Whether speaking/reasoned:               Yes/No
             Whether Reportable:                      Yes/No




                                   2 of 2
              ::: Downloaded on - 14-05-2024 23:12:16 :::