STATE OF PUNJAB Vs. KASHMIR SINGH VIRK

JUDGEMENT

(1.) This regular second Appeal is filed by the State of Punjab challenging the judgment and decree passed by Additional District Judge, Patiala, dated September 05, 1990, whereby Appeal filed by Kashmir Singh Virk, plaintiff, was allowed and the Suit decree. The Suit related to challenge to the order of termination passed on April 01, 1975 as well as order passed in Appeal dated may 19, 1987. The Suit was dismissed on the ground of limitation although on other issues the order of termination was held to be illegal and null. The appellate Court held the Suit to be within limitation. The Appeal was accepted and judgment and decree of the lower Court was set aside and the Suit decreed.

(2.) The State Counsel argued that since the order of termination was passed on April 01, 1975, the Suit filed on January 30, 1988, was clearly barred by time and the Appeal should be accepted. He relied upon judgment of the Supreme Court in State of Punjab and others v. Gurdev Singh etc., 1991 AIR(SC) 2219, to the effect that ever, void orders are required to be set aside by filing a suit within the period of limitation. In our view. State counsel cannot get any support from the judgment referred to above. The simple question for consideration is as to whether the suit filed on January 30, 1998, is within time or not. Since the Statutory Appeal filed against the order of coordination was disposed of on May 19, 1987, the Suit filed within three years is well within time. That being the position, this Appeal deserves to be dismissed and we order accordingly.

(3.) If the appellants object to the order as proposed above, an application may be filed within two months before the High Court for disposal of the Appeal on merits according to law.