STATE OF U P Vs. MAHENDRA TRIPATHI

JUDGEMENT

(1.) Mahendra Tripathi, who is the decree-holder opposite party in this revision under Section 115, C. P. C. was employed with the State of U. P. in the Irrigation Department. His services were terminated. The order of termination was assailed by Sri Tripathi in a suit which eventually was heard and decided by the U. P. Public Services, Tribunal. The Tribunal set aside the order of termination and decreed the suit of Tripathi. At some stage, Tripathi was compelled to move the Tribunal for execution of the decree by making an application under Section 5 (7) of the U. P. Public Services Tribunals Act, During the proceedings before the Tribunal, the State Government sought some further time to calculate the exact amount which was payable to Tripathi. The prayer was, however, refused and a certificate was issued in favour of Tripathi.

(2.) Oil the basis of the certificate so issued, Tripathi sought to execute the decree in his favour. On February 16, 1979, Civil Judge. I, Gorakhpur, as the Executing Court, disposed of the Execution Case (No. 44 of 1978) striking out the execution application in full satisfaction of the decree.

(3.) On March 3, 1979, an application purporting to be an objection under Sec tion 47, C. P. C. was moved on behalf of the State of U. P. in the Court of the learned Judge. Several objections, including some to the executability of the decree as passed were raised in this application on behalf of the State. These objections were countered by Tripathi who filed a reply thereto. One of the grounds taken by Tripathi was that after the executing Court had disposed of the case, it had become functus officio and was not competent to entertain an objection under Section 47, Civil P. C. This objection found favour with the learned Judge and on this ground alone, the objection filed by the State Government under Section 47 was dismissed. Then the present revision was filed by the State of U. P. in this Court.