High CourtsSingle Bench(2018) 01 J&K CK 0009

Pawan Singh vs Ravi Singh and Ors.

Jammu And Kashmir High Court · Decided on 30 January 2018

HON’BLE JUDGES
Alok Aradhe
CASE NUMBER
06 of 2018, MP No 01 of 2018

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Judgment

9 paragraphs · 211 words
1.

Taking into account the order which this Court proposes to pass today, it is not necessary to issue notice to the respondents.

2.

In this petition under Section 104 of the Constitution of the State of Jammu and Kashmir, the petitioner has challenged the validity of the order

dated 30.12.2017 by which application for permission to file replica of the written statement has been rejected.

3.

Learned counsel for the petitioner at the outset submits that the sole ground for rejection of the application of the petitioner is that petitioner has

not filed the proposed replica. It is further submitted that the petitioner be granted the liberty to submit the proposed replica before the Trial Court

and the Trial Court be directed to decide the application submitted by the petitioner afresh without being influenced by the previous order.

4.

In view of the aforesaid submissions and in the facts of the case, this writ petition is disposed of with the direction that in case petitioner files an

application along with the proposed replica of the written statement filed by respondent No.2, the Trial Court shall decide the application afresh by

a speaking order without being influenced by order dated 30.12.2017. Accordingly, the petition is disposed of, along with connected MP.