Puran Singh v. Rashpal Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 338 of 2017 Date of decision : 21.05.2018 Puran Singh ....Petitioner V/s Rashpal Singh ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Vikas Singh, Advocate for the petitioner. Ms. Ambika Sood, DAG Punjab.

RAJAN GUPTA J.

Petitioner alleges violation of order dated 09.02.2012 passed in RSA No. 1155 of 1993. Operative part thereof reads as under:- "Looked at from this angle, in my considered opinion the judgment in Tarsem Singh's case (supra) would further advance the cause of justice and state the law more accurately. Consequently, it has to be held that limitation would not hit the claim of the appellant in this case. Resultantly, this appeal is allowed, the judgment and decree of the lower appellate Court is set aside and that of the trial Court is restored. However, the benefit thereof would be granted to the appellant only for a period of 3 years and 2 months prior to the date of filing of the suit viz 26.2.1988."

As the decree has also been drawn up pursuant to aforesaid judgment the order is executable in nature. Petition is, thus, disposed of with liberty to the petitioner to avail appropriate remedy. May 21, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2011.01.01 14:21 I attest to the accuracy and authenticity of this document