STATE OF JAMMU AND KASHMIR Vs. GHULAM MOHAMMAD DAR

JUDGEMENT

(1.) We have heard learned counsel for the Appellant and also perused the record placed in a sealed cover before us by the Registrar of the Court. He after holding an enquiry has given a clear finding that counter-affidavit had been filed prior to the date of the impugned judgment. He has opined that the counter-affidavit in the matter stood filed before the Court (learned single Bench) on 7-7-1993. It is also found that the same affidavit was placed on record with a CMP filed by learned counsel for the Appellant before that bench in terms of Sections 148 and 155 of the Code of Civil Procedure. This application was never disposed of.

(2.) We have ourselves examined the record placed before us. The counter seems to have been filed on 20-5-1993 and CMP No. 3051/93 was filed for consideration of the Court for condonation of delay. According to the Enquiry Officer (Registrar) the learned counsel appearing for the State seems to have kept this application with him up to 7-7-1993. The judgment appealed against, has been passed on 6-5-1994 (reported in AIR 1995 J and K 92). A perusal of the report and also the material placed on record shows that as on the date of the judgment, the affidavit was very much stood on the file of the Writ Petition.

(3.) In that view of the matter, finding of the learned single Bench so far as it relates to the omission on the part of the State to file the counter, seems to be factually incorrect. That ground has been taken on top priority by Mr. Shukla, GA, appearing for the Appellant / State in the present appeal.