STATE OF JAMMU AND KASHMIR Vs. HAJI GHULAM NABI

JUDGEMENT

(1.) THIS revision petition was dismissed by me for want of prosecution on 26 -8 -1968. Later on it was restored by my order dated 1 -11 -1968.

(2.) I have heard the learned Counsel for the parties. The impugned order has been passed by the trial Judge Mr. Saif -ud -Din, (A. D. M.) Sub Judge, Srinagar on 24 -2 -1968. It appears that after the issues were framed the Defendant's learned Counsel put in an application before the trial Court that some legal issues be disposed of and tried first. Mr. Choudhry, the learned Counsel for the Plaintiff stated before the Court below that the issues could not be disposed of till some evidence came on record. The Court stated that it had gone through the issues and it agreed with Mr. Choudhry that unless some evidence was brought on record, the issues could not be decided. It rejected the petition of the Defendant and ordered the Defendant to produce evidence on 16 -3 -1968.

(3.) THE Defendant feels aggrieved by this order of the trial Court. Mr. Amarchand, the Additional Advocate General addressed elaborate arguments in this revision petition. He has taken me through the issues. On 23 -5 -1967 four issues were struck in this case, which are as under: