PREM NARAIN BHARGAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against the order of the learned Civil Judge, Lucknow allowing the application of the State under Sec. 47 of the Code of Civil Procedure, 1908 (for short the Code) and dismissing the applicant's execution application on the ground that the order of the U.P. Public Services Tribunal is of declaratory nature and is, therefore, in-executable.

(2.) The applicant had approached the Tribunal and obtained relief from it:

(3.) The applicant sought from the Tribunal certificate referred to in Sec. 5(7) of the U.P. Public Services (Tribunals) Act, 1976 which was granted. Thereafter he made an execution application which came up before the Civil Judge, Lucknow. Against this execution application, the State of Uttar Pradesh filed objections contending that the order of the Tribunal sought to be executed was of declaratory nature and was covered by sub-section (6) of Sec. 5 of the Act and was in-executable in view of the provisions contained in sub-section (7) support of the plea, reliance was placed on the revision of a learned Single Judge of this Court in C. Verma Vs. State of U.P. and others, 1986 UPLBEC 11. The tribunal upheld the objection of the State and relied the execution application. It is against this her that the applicant had approached this Court.