- (1.) THE following question has been referred to the Full Bench ; "whether an application under Section 13 of the Displaced Persons (Debts Adjustment) Act, 1951, is not maintainable against the State of Punjab. "
(2.) THE relevant facts giving rise to this reference may be briefly stated. The Okara Grain Buyers syndicate whose place of business is now Amritsar, filed an application under Section 13 of the displaced Persons (Debts Adjustment) Act (hereinafter called the Act) against the Punjab State for the recovery of Rs. 4,038/ -. The amount was claimed on account of a liability incurred before partition in Pakistan. The Punjab State raised a preliminary objection to the effect that the tribunal had no jurisdiction to entertain the application as no application against the State government could lie under Section 13 of the Act. The learned Tribunal framed the following two issues: "1. Is the application maintainable? 2. What is the effect of the respondents not filing the reply within 15 days of the service of notice of them ?
(3.) IT is only the first issue which is relevant for our purposes. The Tribunal held that the application was maintainable and that the Punjab Government could be sued and was not exempt from the provisions of the Act. Against this order the Punjab State filed a revision petition in this court which came up in the original instance before Bhandari C. J. sitting singly. The learned chief Justice was of the view that the matter was of some importance and should therefore be considered by a larger Bench. It was accordingly referred to a Bench consisting of Bishan Narain and Grover JJ. The Division Bench heard the arguments of both parties and considered a number of cases in which this matter had come up both before this Court and other Courts. There was some conflict in the various decisions and so the Division Bench decided to refer the matter to a Full Bench. So finally the matter was brought before us and we have heard learned counsel for both sides at considerable length. Our attention has been drawn to a large number of cases which have a bearing on the point in dispute and we are now in a position to reply to the question referred to us.;