ALI MOHD KHANDAY Vs. STATE OF J&K

JUDGEMENT

(1.) BY virtue of the order impugned dated 15.05.2008 application as filed by the petitioners (plaintiffs) for recording the statement of plaintiff as their own witness has been rejected.

(2.) SUIT captioned Ali Mohammad Khanday and others vs. Manzoor Ahmed Dar and another is pending on the file of Learned Munsiff, Pampore. After closure of the evidence of both the parties, suit has been posted for arguments. Learned counsel, while making final submissions, noticed that the statement of plaintiff as their own witness has not been recorded, therefore, filed an application styled to be application under Section 148 read with Section 151 of the CPC, wherein it is projected: (i) that the above titled case is fixed for arguments; (ii) that while perusing the statement of the witnesses, it was found that the plaintiff, as a witness has not been examined, due to the impression that the same had been recorded; (iii) that in order to record the same and arrive at the just decision, the application be allowed.

(3.) RESPONDENTS (defendants) in their objections have contended that the suit has been instituted on 04.03.2002. After five long years, the plaintiffs after concluding their arguments are now praying for getting statement of plaintiff as their own witness recorded. The application has been moved under wrong provision of the law. No cogent, legal or factual grounds have been mentioned in the application nor has any sufficient ground been projected.