HALEEMA BEGUM Vs. ABDUL HAMID BEIGH

JUDGEMENT

(1.) Haleema Begum, the petitioner-defendant has filed this Civil Revision questioning City Judge, Srinagar's order of March 16,2009 whereby, deferring decision on her application to dispose of the respondent's suit in terms of the Compromise, the learned Subordinate Judge directed her to incorporate the plea of Adjustrnent of the suit in terms of the Compromise, in the proposed amended Written Statement, proposing to raise issue, in regard thereto, and decide it, along with other issues after the parties had led evidence in the case.

(2.) I have considered the submissions of learned counsel for the parties and perused the records. Perusal of the trial Court records reveals the petitioner to have filed an application under Order 23 Rule 3 C.P.C for final disposal of the suit, on the basis of Composition Deed of July 28, 2006 additionally seeking direction to the plaintiff to produce the original Compromise Deed in the Court, or for permission to the petitioner to prove the copy of the Composition Deed.

(3.) The plaintiff-respondent had opposed petitioner's application only on the ground of its maintainability as nothing was indicated in the Objections filed thereto about the execution or otherwise of the Compromise Deed.