NEK SINGH Vs. RAM PRAKASH

JUDGEMENT

(1.) Nek Singh-plaintiff is aggrieved of orders dated 12-12-2003 and 25-9-2004 of learned Second Additional District Judge, Jammu, whereby he has granted leave to defend the suit filed under Order XXXVII of the Civil Procedure to the defendant-respondent.

(2.) Shri D. C. Raina, learned Senior Counsel appearing for the petitioner-plaintiff, submits that learned Second Additional District Judge, Jammu (hereinafter, referred as the 'trial Court'), has erred in appreciating the true spirit of Order XXXVII of the Code of Civil Procedure and that the orders have resulted in failure of justice.

(3.) I have considered the submissions of Sh. D. C. Raina. learned Senior Counsel appearing for the petitioner.