GOVIND RAM Vs. RAM SAROOP

JUDGEMENT

(1.) This Letters Patent Appeal under Clause 12 of the Jammu and Kashmir Letters Patent is directed against the order passed by learned single Judge of this Court in Chamber on 26th of August, 1997. The said order has permitted the respondent No. 1 to file additional written statements, with a prayer to allow this appeal and set aside the impugned order.

(2.) Brief facts giving rise to this case are that Election Petition No. 4 of 1996 titled Ram Saroop v. Returning Officer, is pending trial under the provisions of the Jammu and Kashmir Representation of the People Act, 1957 (hereinafter referred to as the Act), wherein election of the appellant has been questioned on a number of grounds. After the filing of written statement by the appellant to the said Election Petition vide order dated 22-5-1997 on an oral request having been made on behalf of the respondent No. 1-petitioner in the Election Petition, he was permitted to file replica to the written statement of defendants 1 to 3 therein. This prayer was granted and three weeks' time was allowed for doing the needful with the condition that copy of the same be supplied to the learned Counsel for the respondent.

(3.) Record of the case further shows that when the case came up for hearing on 25-6-1997, when it transpired that additional written statement as ordered on 22-5-1997 had not been filed.