ABDUL REHMAN MIR Vs. QAFFIA BEGUM

JUDGEMENT

(1.) This Appeal is directed against judgment and decree dtd. 19/7/2018, passed by Principal District Judge, Bandipora (for brevity "Trial Court") in a Suit titled Qaffia Begum v. Abdul Rehman Mir and others.

(2.) I have heard learned counsel for parties and considered the matter.

(3.) A civil suit was filed by respondent/plaintiff before the Trial Court for recovery of Rs.1,50,000.00 along with interest. The plaintiff after inquiry was declared as indigent. Appellants herein - defendants before the Trial Court, filed their written statement, but thereafter they did not choose to appear in the matter, which resulted in initiation of ex parte proceedings. Plaintiff produced and examined five witnesses, namely, Abdullah Khan, Nazir Ahmad Lone, Ghulam Mohiuddin Lone, Habibullah Lone, Ghulam Rubani Khan, besides herself. It was on the edifice of case set up, statement of plaintiff and witnesses produced by her in support of her case that she established that her son, namely, Altaf Khan, had died when he was engaged by defendant as labourer. It was also found and established that after death of deceased, parties had entered into the compromise and in compliance thereof, defendants/appellants had agreed to pay Rs.3,50,000.00, but appellants paid only Rs.2,00,000.00 to plaintiff/respondent. Thus, the Trial Court in the given facts and circumstances of the case, decreed the suit of plaintiff/respondent in ex parte.