State Of Pb vs Si Gurdev Singh

Punjab-Haryana High Court

State Of Pb vs Si Gurdev Singh on 3 May, 2024

                                  Neutral Citation No:=2024:PHHC:061165




218
                                                     2024:PHHC:061165

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                               RSA-2659-1999 (O&M)
                                            Date of decision: 03.05.2024
The State of Punjab and others
                                                            ....Appellants
                                   Versus
Gurdev Singh
                                                            ....Respondent

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:    Mr. Surya Kumar, AAG, Punjab for the appellants.

            None for the respondent.

NAMIT KUMAR J. (Oral)

The appellants/defendants have filed the instant appeal against the judgment and decree dated 22.04.1999, whereby the learned Lower Appellate Court, while allowing the appeal filed by the plaintiff/respondent has set-aside the judgment and decree dated 20.05.1997, passed by the learned trial Court.

On 04.04.2024, the following order was passed:-

"As per office report, notice issued to sole respondent has been received back unserved with the report that he is not posted at the given address.

Learned State counsel, on instructions from Balhar Singh, ASI, Civil Suit Clerk, submits that the respondent has already retired from the service on attaining the age of superannuation on 31.01.2001. He has furnished the residential address of sole respondent.

Let notice be issued to the respondent for 03.05.2024 on the following address:-

SI Gurdev Singh S/o Partap Singh R/o Guru Ramdas Nagar, Moga, District Moga."

1 of 2 ::: Downloaded on - 08-05-2024 00:24:34 ::: Neutral Citation No:=2024:PHHC:061165 RSA-2659-1999 (O&M) -2- 2024:PHHC:061165 As per office report, fresh notice was issued to the sole respondent at the given address at Moga but he did not meet at that address and on phone call he told that his present address is of Amritsar and then, the notice was forwarded to Amritsar but house was found locked. While issuing notice of motion on 30.07.1999, operation of the impugned judgment was stayed till further orders.

In this view of the matter, counsel for the State submits that at this stage he does not press the present appeal, however, liberty may be granted to revive the same, if any execution is filed by the respondent.

Accordingly, the present appeal is disposed of with aforesaid liberty.

(NAMIT KUMAR) JUDGE 03.05.2024 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 08-05-2024 00:24:35 :::