JALAL-UD-DIN MIR Vs. GHULAM MOHAMMAD MIR

JUDGEMENT

(1.) THE short controversy involved in this revision petition is, whether the order dated 20th March, 2004 passed by learned Principal District Judge, Anantnag in appeal titled as Ghulam Mohammad Mir and Ors. v. Jalal -ud -din Mir and Ors., is erroneous, illegal and perverse.

(2.) IT appears that a compromise decree has been passed on 29th April, 1987 by the learned District Judge, Anantnag in suit titled Gaffar Mir v. Ghulam Rasool Lone and Ors. Then a suit has been filed before District Judge, Anantnag on 20.07.1989 for cancellation of the compromise decree which came to be transferred to the court of Sub -Judge, Bijbehara and Sub -Judge, Bijbehara passed exparte decree on Ist March, 1995 and declared the judgment and decree passed by District Judge on 29th April, 1987 (supra) as null and void, ineffective and inoperative.

(3.) MR . Qayoom argued that the impugned order is illegal because the summons were issued to the legal heirs of Gaffar Mir. The affidavit of process server is on the back of summon. The exparte proceedings have been drawn rightly and accordingly the exparte judgment and decree dated 01.03.1995 is legal one.