State Of Jammu And Kashmir And Others vs Abdul Ahmad Dar

Puneet Gupta, J

This appeal is directed against the judgment and decree dated 24.09.2015, passed by the learned Principal District Judge, Pulwama (Trial Court), whereby the plaintiff/respondent herein had been held entitled to recover the left out portion of the leave salary of Rs. 1,25,975/- from the defendants-appellants herein along with costs of the suit which shall include the amount of Rs. 7500/ paid as court fee. The respondent was also held entitled to the interest @ 8.5% per annum in case the amount is not realized within a period of three months from the date of passing of the impugned judgment and decree.

Learned counsel for the appellants has argued that the decree has not been passed by the Trial court in accordance with law. It is submitted that the defendants-appellants did not agree to the claim put forth by the plaintiff-respondent through the medium of the suit. It is also submitted that the manner in which the judgment and decree has been passed by the learned Trial court is unknown to law. It has been further argued by the learned counsel for the appellants that the learned Trial court could not have passed the judgment on the basis of the preliminary statements recorded in the case. The judgment appears to have been passed under the provisions of the Order 12 CPC but without complying with the same.

Learned counsel for the respondent-plaintiff has argued that the suit has been decreed as per the law. There was no rebuttal to the claim of the plaintiff.

The court has gone through the pleading of the parties. It is quite evident from the written statement filed by the appellants before the learned Trial court that the claim of the plaintiff-respondent has not been rebutted or contested by the defendants-appellants. The defendants, in fact, accepted the claim of leave salary dues without any rider. It is clear from the reply that the claim of the plaintiff for release of the leave salary for a period of 109 days has been accepted, processed and sent to the higher authorities.

Perusal of the written statement in unmistakable terms shows that no triable issue was raised which was required to be determined by the learned Trial court. The Trial court had no option but to decree the suit .

Accordingly, this Court finds no reason to set-aside the judgment and decree dated 24.09.2015 passed by the court of Principal District Judge, Pulwama.

The appeal fails and, is dismissed. Registry to prepare the decree sheet accordingly.

Disposed of along with all connected CM(s).