UNION OF INDIA Vs. STATE OF J&K

JUDGEMENT

(1.) BY means of this petition, the petitioners have approached the court seeking setting aside of the judgment and decree dated 3.1.2003 passed by the Court of 2nd Additional District Judge, Jammu in invoking writ jurisdiction under section 103 and power of superintendence under section 104 of the Constitution of Jammu and Kashmir, of the court.

(2.) IT appears that a civil suit for recovery of Rs.3,50,000/ - on account of use and occupation of land aggregating 5 kanals 10 marlas contained in khasra No.657 located at Nagrota, Jammu, came to be commenced by Rishi Raj Chopra and Kamal Chopra respondent Nos.4 and 5 in this writ petition, before the 2nd Additional District Judge, Jammu.

(3.) SUBORDINATE court after having summoned the defendants in the suit who initially were represented by Shri B. R. Chandan, Advocate (Additional Public Prosecutor), but later on, he, after seeking various adjournments with one also subject to payment of costs of Rs. 1000/ -chose not to deposit the costs and remained absent that led the court to proceed exparte. After recorded the exparte statements of the witnesses, appreciating and estimating the evidence, both oral and documentary, court held the plaintiffs in the suit (respondents No.4 and 5 in the writ petition) entitled to the suit amount along with pendente -lite interest and future interest @ 8% per annum and decreed the suit accordingly. The judgment and decree came to be passed by the subordinate court of 2nd Additional District Judge, Jammu, on 3.1.2003.