SHAMIMA Vs. ZAINA

JUDGEMENT

(1.) Respondent no. 1 instituted civil original suit against the petitioner and respondents 2 to 6, which is pending on the files of Learned Sub Judge, Budgam. Alongside the suit, an application seeking interim relief was also filed. The learned Trial Judge vide its order dated 7th May, 2010 dismissed the application seeking grant of interim injunction.

(2.) Respondent no. 1 filed review petition, praying therein that the order dated 7th May, 2010 passed by learned Trial Judge be reviewed. The application seeking review of the order was not accompanied with certified copy of the order dated 7th May, 2010, though, an unattested copy was annexed with the review application.

(3.) Notice was issued in the review application by the learned Trial Judge. Petitioner appeared before the learned Trial Judge and filed objection. Preliminary objection was raised about the maintainability of the review application and it was prayed that the same be dismissed for the reason that it was not accompanied by certified copy of the order sought to be reviewed. Confronted with this situation, the certified copy of the order dated 7th May, 2010 was produced before the learned Trial Judge and an oral submission was made that same be taken on record. The learned Trial Judge directed for taking on record, the certified copy of the aforementioned order which was, however, made subject to the objections of the other side. The petitioner through her counsel filed objections, wherein it was pleaded that the review application is liable to be dismissed for the reason that certified copy of the order sought to be reviewed was not filed along with review application, which was stated to be requirement of law. It was also pleaded that as the period of limitation for filing of review application had expired, the certified copy could not be ordered to be taken on record.