LAWS(J&K)-2018-12-49

SONA (DEAD) AND OTHERS Vs. MALIK AND OTHERS

Decided On December 14, 2018
Sona (Dead) And Others Appellant
V/S
Malik And Others Respondents

JUDGEMENT

(1.) This civil revision is directed against the order dated 31st of March, 2015, of the Court of learned Munsiff, Dangiwacha, passed in File No. 48 of 2006, bearing the title 'Malik and Others v. Sona and Others'.

(2.) For appreciating the merit of the issue involved, it would be proper herein to have narration of the factual grounds as put forth in the revision petition. An application was filed by the petitioners/defendants before the trial court for amendment of the written statement on following grounds:

(3.) It is being put forth in revision petition that no doubt, an application for bringing on record the legal representatives was filed by the plaintiffs/respondents before the trial Court on 14.02.2013, but that same has not been decided so far. The second application was considered by the trial court and the same has been dismissed on 31.03.2015, on the sole ground that the trial Court had already dismissed an application for allowing the petitioners/defendants to amend their written statement, as such, the doctrine of res-judicata will apply to the instant application also.