GHULAM MOHD. Vs. MANZOOR AHMED
HIGH COURT OF JAMMU AND KASHMIR
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JAVED IQBAL WANI -
(1.)In the instant petition Supervisory jurisdiction of this court is invoked by the petitioner for quashment of order dated 10.03.2016 (hereinafter for short the impugned order) passed by the learned 2 nd Additional District and Sessions Judge, Jammu, (hereinafter for short the Trial court), in file No. 75/Suit titled as 'Manzoor Ahmad and Ors. Vs. Ghulam Ahmad and Ors'.
(2.)In terms of impugned order the right to file written statement of the defendant petitioner herein is closed by the Trial court after the Trial court notices that the defendant has failed to deposit costs imposed upon him for setting aside ex-parte proceedings initiated vide order dated 20.01.2016.
(3.)The perusal of record of the Trial court reveals following facts being relevant herein for adjudication of the instant petition: -
3(a) A suit for Specific Performance of an agreement to sell dated 08.10.1999 qua the land measuring 02 Kanals covered under Khasra No. 2309 situated at village Kot Jammu, is filed by the plaintiffs respondents herein against the defendant.
3(b) The defendant is summoned after the aforesaid suit is entertained by the Trial court on 10.01.2015 and case is posted for 11.02.2015 on which date plaintiffs appear however, defendant did not appear and case is posted for 11.03.2015.
3(c) On 11.03.2015 counsel for plaintiffs appear and defendant petitioner herein appears in person and prays for copy of the plaint having been furnished to him in open court requiring him to file written statement on next date i.e. 17.04.2015, on which date no proceedings in the suit are conducted on account of suspension of work by the lawyers and the case is posted for 13.05.2015.
3(d) On 13.05.2015 plaintiffs appear, however, defendant remains absent and case is posted for 11.06.2015.
3(e) On 11.06.2015 plaintiffs appear and defendant remains absent.
Ex-parte proceedings are initiated against the defendant and plaintiffs are directed to lead evidence in ex-parte and case is posted for 06.08.2015.
3(f) On 06.08.2015 plaintiffs appear, however, defendant did not appear and case is posted for 09.09.2015 on which date counsel for the plaintiffs appear and defendant appears in person and seeks time to file an application for setting aside ex-parte proceedings and the case is posted for 05.10.2015.
3(g) On 05.10.2015 plaintiffs appear along with their counsel so also appears defendant along with his counsel. Counsel for plaintiffs seeks time to file objections to the application filed by the defendant for setting aside ex-parte proceedings. Case is posted for 14.11.2015.
3(h) On 14.11.2015 counsel for plaintiffs appear and defendant as well appears. Counsel for plaintiffs seek further time to file objections to the application. Case is posted for 09.12.2015, on which date plaintiffs and their counsel remains absent while as defendant appears along with his counsel and case is posted for filing of objections of the plaintiffs to the application of the defendant and case is posted on 01.01.2016.
3(i) On 01.01.2016 counsel for the parties appear and objections are filed by the plaintiffs to the application of the defendant and application is posted for arguments on 20.01.2016.
3(j) On 20.01.2016 after hearing the counsel for the parties, ex-parte proceedings imitated against the defendant are set aside subject to the payment of costs of Rs. 700/-. Further the defendant is directed to file written statement on or before the next date i.e 13.02.2016.
3(k) On 13.02.2016 none appears for the parties and the case is adjourned for 10.03.2016 on account of non-availability of Presiding officer.
3(l) On 13.03.2016 the impugned order supra is passed by the Trial court.
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