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2025 Supreme(P&H) 1138

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Balwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gaurav Chopra, Sr. Advocate with Mr. Harmeet Singh, Advocate
For the Respondent: Mr. S.S. Hira, DAG, Punjab

JUDGMENT :

Vikas Bahl, J. (Oral)

Challenge in the present Regular Second Appeal is to the judgment dated 30.08.1993 vide which the First Appellate Court had set aside the judgment and decree dated 11.05.1992 passed by the Sub Judge, Hird Class, Ferozepur vide which the suit filed by the plaintiff/present appellant had been decreed, solely on the ground that the suit filed by the plaintiff was beyond limitation.

2. Learned Senior Counsel for the appellant has submitted that in the present case, the impugned order which was challenged in the suit filed by the plaintiff was admittedly passed on 10.07.1987 and vide the said impugned order, the plaintiff was awarded punishment of withholding of three annual increments with cumulative effect. It is submitted that since the suit was filed against the State of Punjab, thus, the plaintiff had served mandatory notice under Section 80 of CPC dated 13.06.1989 and the said notice has been duly exhibited as Ex.P2 and postal receipts regarding the same have been exhibited as Ex.P3 and Ex.P4 and acknowledgments have also been exhibited as Ex.P5. It is submitted that specific averments with respect to notice having been sent to the respondents have be

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