IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1415 of 2007 Date of decision: 14.11.2008 Joginder Singh ......Appellant Versus Director Health Services and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Arun Abrol, Advocate for the appellant. Rakesh Kumar Garg, J. The plaintiff filed a suit for mandatory injunction with consequential relief of permanent injunction against the defendants alleging that the GPF statement was wrong and the amount withdrawn by defendant No.5 has been shown to be deducted from his account. In spite of service of notice under Section 80 CPC upon the defendants his statement of account had not been corrected and hence, this suit. Upon notice, defendants appeared and filed their written statements separately raising various preliminary objections. It was submitted that the revised GPF balance statement upto 31.3.2001 has already been supplied to the plaintiff and the suit was liable to be dismissed as infructuous. It was further stated in the written statement that since defendant No.5 had withdrawn inadvertently from the GPF account of the plaintiff some amount and the same was deducted but readjusted in the account of the plaintiff and thereafter revised and corrected GPF balance statement was issued. Thus, it was prayed that the suit be dismissed. After analysing the evidence led by the parties and after RSA No.1415 of 2007 -2- hearing the arguments advanced by the counsel for the parties, both the Courts below have dismissed the suit of the plaintiff-appellant. Still not satisfied, the appellant has filed the instant appeal challenging the judgment and decrees of the Courts below. I have heard learned counsel for the appellant. I find no merit in this appeal. While dismissing the suit, the Courts below have recorded a finding of fact that the amount deducted inadvertently from the account of the plaintiff-appellant was readjusted and correct statement of account upto 31.3.2002 was issued to the plaintiff. The Courts below have also found that the appellant while appearing as PW-1 has admitted in his cross- examination that he had received the revised GPF balance statement upto 31.3.2002. He has also admitted that the amount of Rs.2000/- and Rs.3500/- wrongly deducted from his GPF account had been adjusted in his account. He also admitted that the balance statement of account Ex.D5 is correct and in view of these aforesaid admission of the appellant all his claims stand satisfied and nothing remains due. No question of law much less substantial question of law arises. No merit. Dismissed. November 14, 2008 (RAKESH KUMAR GARG) ps JUDGE