R S R T C Vs. RAM KUMAR

JUDGEMENT

(1.) THIS is a civil revision petition against the order dated 7. 11. 83 passed by the learned Additional Munsiff and Judicial Magistrate, Jaipur city, court No. 2 in execution petition No. 82/83 filed by the non-petitioner.

(2.) THE non petitioner is an employee of the petitioner corporation. He was dismissed from service on account of a charge of misconduct. THE petitioner filed a civil suit for declaration against the charge of misconduct and removal from service, claiming that the order of dismissal was void in law. This suit after trial was decreed on 15 12. 81 in favour of the non petitioner. THEreupon the non-petitioner filed an execution application in the court of learned Additional Munsiff and Judicial Magistrate No 2, Jaipur city, Jaipur seeking recovery of money from the petitioner, calculating the amount of his emoluments payable to the non petitioner from the date of dismissal to the date of his reinstatement in the service as per orders of this court. THE petitioner raised objection against this execution petition on the ground that since the decree was purely of declaratory nature and no specific amount had been mentioned in the same, therefore, the non petitioner was not entitled to get this decree executed. THE learned trial court under the impugned order dismissed the objections filed by the petitioner and held that the decree of declaration was executable.