PARVEZ AHMED Vs. MOHD LATIEF

JUDGEMENT

(1.) ISSUE notice. M/s B. A. Bashir and Riyaz Rasool accept notice. The only grievance projected by Mr. Qayoom in this petition is that the learned Sub Judge, C JM while deciding the matter of injunction, did not hear him. It is submitted by him that counsel for the appellant, Mr. Z. A. Qureshi, was appointed advisor to Jammu and Kashmir Bank, therefore, he could not oppose the Bank. He was given to engage lawyer and infact on 6 -6 -1988 he did not appear, but somebody had taken opportunity to get a lawyer for the bank. That prayer was not accepted.

(2.) FROM the judgment it appears that the case was decided without hearing the appellants herein and has been decided on merits. Without commenting on the merits of the case, it is proper that Sub Judge, CJM will afford an opportunity to the appellants herein to place their case before him. In their absence he should not have decided the case on merits. That is not permissible under the amended Code of Civil Procedure and by various judgments issued by this court. He could dismiss the application for default or for, non -prosecution. Any judgment on merits must be after hearing the person affected by the said judgment. Therefore in my opinion, the only course open is to send the case back to the learned Sub Judge, CJM, Srinagar with the direction that he will advert to the merits of the application afresh and pass appropriate orders after hearing both the sides. Till he passes final orders after hearing both the sides, it is directed that if any promotion is sought to made, to the post of Special Assistant, they are free to do so provided they keep twelve posts vacant till the disposal of the application by the learned Sub Judge, CJM, Srinagar. This order be convoyed to the Sub Judge, CJM forthwith.