LAWS(P&H)-2009-12-230

STATE OF PUNJAB Vs. S HARDIAL SINGH

Decided On December 17, 2009
STATE OF PUNJAB Appellant
V/S
S Hardial Singh Respondents

JUDGEMENT

(1.) The petitioner-State has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 4.3.2009 (Annexure P-2) passed by the learned Additional District Judge, Ludhiana.

(2.) The only contesting respondent has been served through his counsel Mr. B.K. Goyal, Advocate. The other respondents are performa respondents, as such, their service is dispensed with.

(3.) The learned counsel for the petitioner has pressed hard on the point that the judgment passed by the trial court was without application of mind and it was decided with one line that he agrees with the contentions as advanced by the learned counsel for the plaintiff, therefore, the petitioner was justified in pressing for the stay of the execution of the decree during the pendency of the appeal. He has further brought to my notice that the appeal is at the stage of arguments.