Principal Maharaja Hari Singh Agricultural Collegiate School Nagbani Domana, Jammu And Anr vs Surinder Pal Kour And Ors

Rahul Bharti, J

After hearing at length the counsel from both the parties, this Court deems it appropriate to peruse the record of the trial court, which is seized of the civil suit filed by the respondent no. 1 out of which the present petition has come to be preferred before this Court. The need to send for the scanned record of the civil suit from the trial court has surfaced, in view of the submission made that at the time when the trial court came to dispose of the injunction matter in the suit, there was not written statement filed in the case and the caveator in the suit had chosen to file only objections to the plaint inviting the trial court to decide the injunction application which resulted in passing of the order which came to be then assailed in an appeal before the Court of Additional District Judge, Jammu resulting in passing of order dated 09.07.2022, which is now forming subject matter of the present petition for examination of legality and validity of said order.

It is submitted that even at the time of filing of an appeal on 08.11.2017 against order dated 11.03.2017 of the learned City Judge, Jammu, the written statement had not been filed before, as such, this Court needs to examine the record for the needful purpose to proceed further with the adjudication of the present writ petition. Thus, to send for scan record of the suit file from the trial court becomes indispensible. The Registrar Judicial, Jammu to send for the scanned record of suit file from the trial court within a period of 10 days and thereafter post this case for further hearing on 06.02.2023.