R.S.A NO.1128 OF 1987

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

R.S.A NO.1128 OF 1987

Date of Decision 29.10.2009

Gian Chand

........ Appellant

Versus

State of Haryana and another

........ Respondents

CORAM:

HON'BLE MR.JUSTICE M.M.KUMAR

Present:

None for the appellant.

Mr.Sanjeev Kaushik, Additional Advocate General,

Haryana.

M.M.KUMAR, J.

This is the plaintiff's appeal filed under Section 100 of the

Code of Civil Procedure, 1908, challenging the judgment and decree dated

10.9.1986, passed by the learned Additional District Judge, Ambala,

reversing the view taken by the trial Court. The trial Court had decreed the

suit of the plaintiff-appellant in his favour but the learned Additional District

Judge, dismissed the suit by recording a finding that it was time barred.

The learned Additional District Judge had dismissed the suit of the plaintiff-

appellant in which he had claimed that the order dated 26.4.1982, passed

by the Deputy Excise and Taxation Commissioner, Ambala, withholding his

efficiency bar at the stage of Rs.80/- in the scale of Rs.70-2-80/3-95 with

effect from 1.2.1981, was illegal, void, arbitrary and against the relevant

mandatory provisio