MUSHTAQ AHMAD CHALLOO Vs. MOHAMMAD AYOUB CHALLOO

JUDGEMENT

(1.) Conditional leave has been granted on 7/9/2017, in favour of the petitioner herein by the learned trial Court on an application filed under Order 37 Rule (3) Sub Rule (5) of CPC. The learned trial Court had found the ground put forth for grant of leave to be illusory and sham and accordingly the petitioner has been directed to deposit an amount of Rs.6,20,000.00 in the Court or in the alternative deposit cash security.

(2.) A review petition was filed before said Court which has been dismissed in terms of order dtd. 23/1/2019, while opining no ground had been made out for the same. The approach of the learned Court is stated being not covered by the law and virtually according to the petitioner the defendant has been incapacitated to contest the suit. For this, Revisory jurisdiction under Sec. 115 CPC and in the alternative Sec. 104 Constitution of Jammu and Kashmir is invoked.

(3.) A copy of the plaint has been brought on record by the learned counsel when he was being heard. It indicates a suit has been filed for an amount of Rs.6,20,000.00 by the respondent before trial Court on the count that: