JAVAID AHMAD ZAHID Vs. S. MANJIT SINGH

JUDGEMENT

(1.) The petition is preferred against the order dtd. 14/11/2012 passed by the learned Additional District Judge, Srinagar whereby the learned trial Court has stayed the proceedings in suits titled Javed Ahmad Zahid Vs. S Manjit Singh and suit titled Suresh Sehgal Vs. Manjeet Singh.

(2.) The petitioner herein had filed the suit with a prayer for specific performance of contract and perpetual injunction. During the pendency of the suit, an application was filed by Manjeet Singh with a prayer that the applicant Manjeet Singh be allowed to defend the suit as defendant in the case and reject the Vakalatnama of Suresh Sehgal.

(3.) The objections to the application were filed by the petitioner/ plaintiff wherein it was submitted that the application is required to be rejected as one of the grounds taken for the same was that irrevocable power of attorney was executed by Manjeet Singh in favour of one Suresh Sehgal. It may be mentioned herein that Vakalatnama filed by Suresh Sehgal to defend the suit was opposed by Manjeet Singh on the ground that same was withdrawn and rejected by the applicant and that said Suresh Sehgal is in league with the plaintiff as property in question is sought to be usurped by them. The trial court vide order dtd. 14/11/2022 stayed the two suits titled Javed Ahmad Zahid Vs. S Manjit Singh and Suresh Sehgal Vs. Manjeet Singh.