Punjab State vs Amarjit Singh
2024 Latest Caselaw 9092 P&H

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

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