PEER NOOR-UD-DIN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application filed by one peer Noor -ud -Din for setting/aside the orders dated/22. 8. 1986 and 25. 9. 1987 recorded in the main writ petition. By the order dated 22. 8. 1987 recorded in writ petition No : 1228/86, the court had observed that Mr. N. A. Ronga, the then Govt. Advocate, after passing the exparte order against the respondents, had filed a CMP No: 1261/1987 for setting aside the same and for allowing them to file the counter for the respondents. Mr. AK Raina had made a submission that he will have no objection if the respondents are allowed to file the counter and participate in the proceedings provided the same is filed within a weeks time. Mr. Ronga on this condition was allowed to file the counter within a weeks time and thereafter Mr. AK Raina had to file the rejoinder within three days.

(2.) THE order dated 22. 8.1987 was not complied with, therefore on 25. 9. 1987, the court observed that Mr. Ronga the learned Govt. Advocate did not file the counter within one week as directed on 22. 8. 1987. The counter was filed in the court on 25. 9. 1987. Mr. Raina said that he had no objection in condoning the time for filing the counter. Counter was accordingly placed on record. Mr. Raina was given one weeks time to file the rejoinder. Rejoinder was not filed. There after on 3. 3, 1989 the present CMP came to be filed in which it was contended that Mr. Raina was never appointed as an advocate of the petitioner, therefore, he could not appear on 22. 8, 1987 or 25. 9. 1987. It is stated that he could not give any concession to the other side for filing counter or for conceding the CMP No. 1261/1987. Mr. AK Raina is said to be unknown advocate and Mr. RA. Fida was counsel for the petitioner. On these premises it is stated that Mr. AK Raina has fraudulently conducted the case and has deceived the petitioner. The two orders are prayed to be cancelled.

(3.) I have heard learned counsel appearing for the respondents as also Mr. AK Raina.