LAWS(J&K)-2012-3-18

MOHAMMAD RAMZAN THOKUR Vs. GH MOHAMMAD SHEIKH

Decided On March 05, 2012
MOHAMMAD RAMZAN THOKUR Appellant
V/S
GH. MOHAMMAD SHEIKH Respondents

JUDGEMENT

(1.) Suit captioned Ghulam Mohammad Sheikh & Anr. v. Samandar Thokar & Ors. is pending before the Court of Sub Judge, Handwara. During the course of proceedings, two applications came to be filed on behalf of petitioners (defendants), one seeking leave of the Court to fde list of witnesses and depositing diet expenses and second seeking permission for production of agreement and affidavit dated 25-5-1992 and 29-5-2007 respectively.

(2.) Trial Court after considering both the applications has allowed one application where-under list of witnesses has been permitted to be filed and has also permitted deposit of the diet expenses whereas application for production of documents has been dismissed. Dissatisfied therewith, instant revision petition has been filed.

(3.) At the very outset learned counsel for the petitioners was asked to justify maintainability of the revision petition as the bar contained in Proviso to Section 115, CPC does not permit entertaining the revision petitions against the orders which do not have the effect of terminating the suit proceedings.