RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question of law raised in the instant petition filed by one Ram Kumar against the Union of India is "whether a judgment and decree passed by a Civil Court or execution proceedings, after enforcement of the Administrative Tribunals Act, 1985 could be subject matter of challenge before the Central Administrative Tribunal".

(2.) MR . Aditya Gupta, learned counsel for the petitioner has argued that the judgment and decree of the Civil Court could not have been set aside by the Tribunal along with the execution proceedings and the proper course for the respondents was to file an appeal under Section 96 of the Code of Civil Procedure. According to the learned counsel, Section 28, on which reliance has been placed by the Tribunal, does not go to the extent of ignoring the Civil Court decree and, therefore, ft would not cover the cases where proceedings have attained finality. In other words, there cannot be any challenge to a judgment and decree or any other proceedings for execution thereof.

(3.) HAVING heard the learned counsel for the parties and after perusal of record, we are of the considered view that the opinion expressed by the Tribunal does not warrant interference.