LAWS(J&K)-2010-6-3

MANAGING DIRECTOR JKPDC Vs. ABDUL RASHID NAIKOO

Decided On June 05, 2010
MANAGING DIRECTOR, JKPDC Appellant
V/S
ABDUL RASHID NAIKOO Respondents

JUDGEMENT

(1.) This Civil 1st Appeal is directed against the judgment and decree dated 24th of September, 2008 whereby suit, titled Abdul Rashid Naikoo v. State and others, of the respondent No. 1-plaintiff came to be decreed, hereinafter for short impugned judgment.

(2.) Abdul Rashid Naikoo filed suit in the court of Principal District Judge Baramulla under Order XXXVII of the Code of Civil Procedure, for short CPC, for recovery of Rs. 18,20,400/- with 18% interest. Plaintiff has also sought decree of declaration declaring the plaintiff entitled to an amount of Rs. 5.00 lacs on account of manse profits and Rs. 5.00 lacs on account of mental agonies and had also prayed for awarding of costs. It is apt to reproduce the prayer clauses herein:-

(3.) A notice came to be issued vide order dated 151h of February, 2008. It appears that defendants 3-6-appellants 2-5 herein caused appearance through counsel and exporter proceedings came to be drawn against defendants 1-2- State of Jammu and Kashmir and Managing Director JKPDC. State has not preferred an appeal and is proforma respondent herein. While as defendant No. 2 is appellant No. 1. Defendants 3-6 -- appellants 2-5 filed written statement on 4th of July, 2008 and parties present came to be directed to file documents vide order dated 4th of July, 2008. It appears that parties have not produced documents right from that date till 20th of August, 2008. It appears that in terms of order dated 20th of August, 2008 learned counsel for plaintiff made a submission/ prayer that defendants have admitted the averments made in the suit and accordingly prayed that suit be decreed and trial court heard the matter and posted the suit for orders on 9th of September, 2008. It is apt to reproduce interim order dated 20th of August, 2008:-