INHABITANTS OF NOWPORA Vs. CHIEF EXECUTIVE OFFICER
LAWS(J&K)-2006-10-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 10,2006

Inhabitants Of Nowpora Appellant
VERSUS
CHIEF EXECUTIVE OFFICER Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the judgment and decree dated 20th June, 2006 passed by 3rd Additional District Judge, Srinagar, in a case titled as Inhabitants of Nowpora Vs. Chief Executive Officer, which shall be hereinafter referred to as impugned judgment.
(2.) IT is necessary to notice the facts of the case herein. Appellants -plaintiffs filed a suit before learned Principal District Judge, Srinagar, in a representative capacity on 18th October, 2004, which came to be transferred to the court of 3rd Additional District Judge, Srinagar. Along with the suit, appellants -plaintiffs filed three miscellaneous applications; one for grant of permission to file the suit in representative capacity, second for dispensation of notice in terms of Order 39 Rule 3 CPC and third for grant of ad -interim relief.
(3.) DEFENDANTS i.e. respondents 1 to 5 filed written statement on 26th February, 2005. Appellants -plaintiffs filed replica on 15th March, 2005. Defendants - respondents 1 to 5 filed objections to the said replica on 10th June, 2005. It appears that without framing issue the arguments came to be heard by the learned trial court viz -a -viz maintainability of the suit. However, while writing the judgment issue came to be framed viz -a -viz maintainability of the suit, which reads as under: "Whether the suit of the plaintiff is not maintainable under law? OPD;


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