S C DOGRA (MAJOR) Vs. INDER RAJ

JUDGEMENT

(1.) THIS is an application against an order passed by the City Judge Jammu dated 24 -11 -1973 in the following circumstances.

(2.) THE plaintiff respondent brought a suit for ejectment, against the defendant who is serving as a Major in the Indian Army. Notices of the suit were served on the defendant who appeared in court and filed an application that as he was in active service, it was not possible for him to appear and defend the suit. The court wrote a letter to the Commanding Officer who has confirmed the fact that the defendant was a Major in the Indian Army and would not be able to appear on the date of hearing. The Commanding Officer, however, suggested that the officer would appear if the case was adjourned to the 26th October. The learned City Judge on a perusal of this letter dismissed the application of the defendant in limine, holding that no cause for suspending the proceedings under S. 6 of (The Indian) Soldiers (Litigation) Act, 1925 (briefly referred to as the Act hereinafter) was made out. In support of the rule, Mr. Gupta has submitted that the court below has misdirected itself in not suspending the proceedings and in acting beyond the scope and ambit of S. 6 of the Act. In order to appreciate the contention of the petitioner it may be necessary to analyze the provisions of S. 6 itself. Section 6 runs as follows: -

(3.) A perusal of this section would therefore disclose that in order that a court proceeds under S. 6 to give relief to an Indian soldier, the following conditions must be satisfied : -