STATE OF J&K Vs. GH NABI KASHKARI

JUDGEMENT

(1.) THIS appeal is directed against Order dated 17 -07 -2006 of learned 2nd Additional District Judge, Srinagar dismissing appellants application for condonation of delay in filing appeal against decree and judgment dated 31st July, 2000 of City Judge, Srinagar in Civil Suit titled abdul Gafoor Kashtkari versus State, and consequently the State appeal too as having been filed beyond the prescribed period of limitation.

(2.) THE State of J&K had sought condonation of delay in filing appeal which was delayed by about eleven months on the plea that neither had it any notice of the suit nor was it summoned by the court, and that, it was only after it had received a latter from its standing counsel of General Administration Department on 18 -7 -2001 that it came to know of passing of decree against the State.

(3.) LEARNED 2nd Additional District Judge, Srinagar did not find any merit in the grounds urged by the State to seek condonation of delay in filing appeal and rejected its application by recording the following finding: