LexDARSHAN SINGH versus STATE OF PUNJAB
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DARSHAN SINGH
A
11.
ST A TE OF PUNJAB
FEBRUARY 13, 2007
[DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.]
B
I
Code of Civil Procedure, 1908-Modification of decree-Terms of decree
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attained finality-High Court, in exercise of its revisional jurisdiction against
the order passed in execution, modified terms of decree-Propriety of-Held, c
not proper.
A case of embezzlement and misappropriation of Government Funds was
filed against Appellant, an Accounts Clerk in PWD Department of the State
of Punjab and he was put under suspension on 24-5-1965. A criminal case
was also initiated against the Appellant but he was ultimately acquitted. D
Appellant was re-instated and period of his suspension was treated as on duty
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for all purposes. He filed suit seeking full pay and allowances for the period
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25-5-1965 to 28-4-1978. Trial Court held him entitled for Rupees Sixty
Thousand with interest at the rate of 12% p.a. from the date the amount
became due till its actual realisation. The decree attained finality. Appellant
filed execution petition. Executing Court dismissed objections raised by E
Respondent-State and held Appellant entitled for interest@ 12% p.a. with
yearly rest. Respondent-State filed revision petition which the High Court
allowed holding Appellant entitled to Rupees Sixty Thousand from 9-12-1992,
i.e. the date of decree upto the date of actual payment.
{
In appeal before this Court it was contended that the terms of the decree F
having attained finality, High Court in exercise of its revisional jurisdiction
could not have added/varied the terms of decree and that the High Court erred
in granting inter.est from 9.12.1992, the date of decree, when the decree
specifically stated that the interest is liable to be paid by Respondent from
the date the amount became due and payable to the Appellant.
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Allowing the appeal, the Court
HELD: l.l. The Trial Court passed the decree dated 9.12.1992 in favour
of the Appellant holding him entitled to interest@ 12% per annum from the
531
H
532
SUPREME COURT REPORTS [2007] 2 S.C.R.
A date the amount became due and payable till realization. The decree simply
meant that the Appellant is entitled for dues and the allowances for the period
25.5.1965 to 28.4.1978, thus Appellant became entitled for the interest on
due amounts from 25.5.1965 until the date of realization. !Para 18]
[538-8-CJ
B
1.2. In this case the decree passed by the Trial Court and further leave
granted by the First Appellate Court in favour of the Appellant were approved
by all the Courts up-till this Court. This Court had dismissed the Special
Leave Petition and thus the decree passed in favour of the Appellant attained
finality. T~e High Court in exercise of its revisional jurisdiction cannot vary
C the terms of the decree in execution. The High Court has committed an
apparent error in granting interest from 9.12.1992. Thus, the Appellant is
entitled for an amount ofRs.60,586.75 along with interest@ 12% per annum
from the date the amount became due and payable, namely, from 25.5.1965.
D
E
F
!Para 19) 1538-F-H; 539-A-B[
Vasudev Dhanjibhai Modi v. Rajabhai Ab~ul Rehman & Ors., 11970) l
SCC 670; C. Gangacharan v. C. Narayanah1 12000) 1 SCC 459 and
Bhawarlal Bhandari v. Universal Heavy Mechahical Lifting Enterprises,
11999) 1 sec 558, relied on.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 745 of2007.
From the Final Judgment and Order dated 8.4.2005 of the High Court of
Punjab and ~aryana at Chandigarh in C.R. No.256911996.
Satinder S. Gulati, Kamaldeep Narang and Dr. Kailash Chand for the
Appellant.
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Kuldip Singh, R.K. Pandey, Sanjay Katya!, T.P. Mishra, M.K. Verma and
~
A run K. Sinha 'for the Respondent.
The Judgment of the Court was delivered by
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DR. AR. LAKSHMANAN, J. I. Leave granted.
2. The present appeal is directed against the judgment and order dated
8.4.2005 passed by the High Court of Punjab and Haryana in Civil Revision
No. 2569 of 1996 whereby the High Court allowed the Civil Revision filed by
the respondent-State of Punjab. The appellant joined the PWD Department
H of State of Punjab as Clerk on 2.2.1953. He was promoted as a Sub-Divisional
(
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DARSHAN SINGH v. STA TE OF PUNJAB [LAKSHMANAN, l.]
533
Clerk in the year 1957 and thereafter as Accounts Clerk in April 1965,
A
3. A case of embezzlement and misappropriation of Government funds
was made against him and the department filed an appeal against the
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