HAJIRA Vs. HANIFA

JUDGEMENT

(1.) This revision is directed against the order dated 12-6-1997 passed by Munsiff/Sub-Registrar, Srinagar.

(2.) The facts in brief which have given rise to the present petition are that a civil suit titled Mst. Aisha Bibi v. Mst. Hajra was pending in the Court of Munsiff/Sub-Registrar, Srinagar and same is alleged to have been dismissed for non-prosecution on behalf of the respondent/plaintiff on 15-2-1997. It is averred that prior to the institution of this suit, another suit titled Mst. Hanifa v. Mst. Hajra was pending in the Court of Ist Additional Munsiff, Srinagar, which too was dismissed for non-prosecution on 26-12-1995.

(3.) It is averred that in both the suits, subject-matter was same. The suit titled Mst. Aisha Bibi v. Mst. Hajira has been registered as file No. 103/Civil instituted on 17-7-1995 and is purported to have been dismissed in default on 15-2-1997. This suit was for partition. The prior suit titled Mst. Hanifa v. Mst. Hajra was a suit for declaration and was registered as suit No. 24/Civil instituted on 30-12-1994. This suit is alleged to have been dismissed in default on 26-12-1995.