STATE OF PUNJAB Vs. KRISHAN MOHAN SARVIA

JUDGEMENT

(1.) This order will dispose of Civil Revision Nos. 591 and 2029 of 1979, as they arise out of the same proceedings and are between the same parties.

(2.) Civil Revision No. 591 of 1979 was heard by me on 7th of August, 1979, when it was pointed out that the question, whether order of the Executing Court is appealable or not, was referred in Civil Revision No. 34 of 1978 to a Full Bench. The aforesaid referred revision was heard by a Division Bench of this Court and by order dated 10th of August, 1979, it was held that the orders of the Executing Court dismissing the execution application or rejecting the objections under Section 47 of the Civil Procedure Code are not appealable and are only revisable. After the decision of the Division Bench, the revision has again been placed for hearing before me.

(3.) The respondent, Krishan Mohan Sarvia obtained a decree from the civil Court on 16th of September, 1974 for permanent injunction against the State of Punjab restraining it not to abuse the power for not allowing the plaintiff to resume his duties with a direction that the plaintiff should be treated on duty from the date he withdrew his resignation.