DILIP Vs. DIRECTOR NATIONAL DIARY RESEARCH INSTITUTE

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, judgment dated 12.9.2007, Annexure P/1 passed by learned Additional District Judge, Karnal is under challenge. Lila Ram father of the petitioners was employee of respondent- National Diary Research Institute, Karnal. On his death, the petitioners filed petition for succession certificate regarding his service benefits by impleading General Public as respondent no. 1 and Lakhpati Devi widow of Lila Ram (mother of the petitioners) as respondent no. 2. The said application for succession certificate was allowed by learned Civil Judge (Senior Division), Karnal vide judgment dated 23.8.2003, Annexure P/10 thereby granting succession certificate for the amount of Rs. 1,29,824/- with upto date interest in favour of the petitioners.

(2.) Respondent filed application for waiving of interest on the due amount of Lila Ram. Learned trial court vide order dated 18.11.2005, Annexure P/2 dismissed the said application and ordered that respondent is liable to pay interest @ 10% per annum. However, appeal against the said order has been allowed by learned Additional District Judge vide judgment dated 12.9.2007. Feeling aggrieved, the petitioners have filed this revision petition to challenge judgment dated 12.9.2007, Annexure P/1 passed by the appellate court.

(3.) I have heard learned counsel for the parties and perused the case file.