PUNJAB STATE Vs. HARVINDER SINGH

JUDGEMENT

(1.) This is an Interlocutory Application in Civil Appeal No. 6421 of 2003 which was earlier disposed of by this Court consisting of Justice S. Rajendra Babu (As His Lordship then was) and Justice G.P. Mathur. This Court passed the following order in that appeal which was filed by the State of Punjab:

(2.) This appeal was filed against the order of the Punjab and Haryana High Court, wherein the High Court in its revisional jurisdiction had dismissed the revision filed by the State and its three other officers against the order passed by the Civil Judge (Junior Division), Ludhiana. By its order the Trial Court had allowed the application filed by the applicant herein, Harvinder Singh. In his application, which was filed during the execution, the applicant had pointed out that the net amount due to him as a decree-holder was Rs. 4550/- and he was also entitled to the interest from the date of decree till the amount was paid. Learned Trial Judge observed that the decree was passed on 27.11.1990 but there was no mention of interest in the relief clause. The Trial Court relied on a decision reported in State of Punjab v. Radha Ram and Ors. 1990 (2) SLR 588 and held on the basis thereof that the executing court had power to award interest from the date of decree till the amount is realized, though there is no such mention of interest in the decree. In the result the Trial Court awarded 12% interest from the date of decree till the date of realization. Thus the execution application was allowed. As has been stated earlier, the Revision Petition against this order was dismissed in limine by the Punjab and Haryana High Court.

(3.) When the matter came up before this Court at the instance of the State and its three other officers, the same was disposed by the order which we have quoted above. The applicant herein, therefore, filed the present application on the ground that before passing the order no reasonable opportunity was given to the applicant-respondent of being heard and the order was not correct as there were other arguable points in connection with the interest on the arrears. It was stated that though the applicant was respondent in Civil Appeal No. 6421 of 2003, he did not/could not appear on account of certain illness. It is on this basis that the aforementioned order dated 14.8.2003, passed by this Court, came to be assailed. A notice was issued to the State Government on the application and the parties were heard by us.