LAWS(J&K)-1997-4-15

SAMAD RATHER Vs. L. RATHER & ORS.

Decided On April 30, 1997
Samad Rather Appellant
V/S
L. Rather And Ors. Respondents

JUDGEMENT

(1.) This is a petition for leave to appeal to His Highness the Maharaja Bahadur under the provisions of Act 16 of 1996 (Appeals to His Highness' Act) by one Samad Rathar, against the decision of this court. It is resisted by Lala Rathar and others. The facts which have given rise to this petition may be stated as follows:-

(2.) The plaintiff instituted a suit on the 9th of Sawan 1994 in the court of the City Judge, Srinagar for partition of properties mentioned in the plaint. The City Judge dismissed the plaintiff's suit on the 2nd of Jeth 1997. Against that decree a first appeal was preferred to the High Court which was decided on the 20th of Sawan 1997. The plaintiff prays for permission to file an appeal against that decision of the High Court.

(3.) During the pendency of the suit in the trial Court Act 16 of 1996 came into force on the 28th of Assuj 1996 corresponding to 14th of Oct. 1939.