MEHRAJ-UD-DIN RAINA Vs. MUNEER AHMAD

JUDGEMENT

(1.) BY medium of this CMP, the petitioners seek leave of the Court to file an appeal against the judgment and decree dated 26 2.1988 passed by the learned Additional District Judge, Srinagar in the civil suit titled Muneer Ahmad and others Vs Jammu and Kashmir Bank and others.

(2.) IT appear that the respondents 1 to 5 herein had filed a suit against the respondents 6 to 91 herein for declaration that the seniority list issued by the Jammu and Kashmir Bank in 1986 be declared null and void, and they be shown over and above them. The petitioners, however, were not made as parties in the said suit, and allegedly they are seniors to all the respondents, i.e. to both plaintiffs and defendants in the suit. During the pendency of the suit, the parties thereto entered in to a compromise where under the Jammu & Kashmir Bank agreed to refix the seniority of the respondents 1 to 5 (plaintiffs in the suit) at Serial Nos: 188 to 192 in place of 378 208,344 to 346 respectively. The compromise deed was produced in the court and the court accordingly, passed the decree in terms of the compromise.

(3.) ACCORDING to the petitioners the said judgment and decree of the court has directly affected their rights adversely, in the seniority list. It is alleged by them that the respondents 1 to 5 (plaintiffs in the suit) were junior to them in the seniority list. As they were not made as parties in the suit, they had no chance to put up their case of seniority before the trial court. The compromise was arrived at between the parties to the suit without their knowledge and the court passed the decree in their absence infringing their legal rights.