JAIPUR UDYOG LIMITED Vs. JULLUNDUR IMPROVEMENT TRUST, JULLUNDUR

JUDGEMENT

(1.) This petition is directed against the order of the trial Court, dated 29th September, 1980, whereby the proceedings of the suit filed on behalf of the Jullundur Improvement Trust for recovery of the amount was stayed in view of the notification, dated 4th March, 1978, issued under Section 3 of the Rajasthan Relief Undertakings (Special Provisions) Act, 1961 .

(2.) After hearing the learned counsel for the parties, I find that the point involved in this case is concluded by a judgement of this Court in Civil Revision No. 362 of 1981, The Jaipur Udyog Limited through its Regional Manager, Chandigarh v. M/s Phuman Ram Chand Lal of Kharar, District Ropar, C.R. 362 of 1981, decided on 21st August, 1981. It has been held therein that the suit filed against the Jaipur Udyog Limited is liable to be dismissed in view of the notification dated 4th March, 1978, which reads as under :-

(3.) The question of staying the suit will arise only if the suit was filed prior to the said notification. Admittedly, the present suit was filed on 26th of December, 1978, that is after the said notification.