EXECUTIVE ENGINEER Vs. RAMEES AHMAD CHOPAN

JUDGEMENT

(1.) Respondent No.1 herein has filed the Claim Petition before the court of learned Principal District Judge, Budgam on 18.05.2006 for recovery of the amount of Rs. 25.00 lacs from the State and its functionaries while seeking leave to file the same in indigent capacity and the claim to be treated under Fatal Accidents Act in forma pauperis. Leave has been granted in favour of respondent No.1 herein for bringing action and the case has been treated as the civil suit.

(2.) The appellant herein has filed the written statement through his counsel, wherein it is referred that same is filed on behalf of defendants i.e. appellant, respondents 2 to 4 herein and one more person namely Ghulam Hassan Rather, who has not been added as party in the instant appeal.

(3.) On 04.12.2009 issues have been framed in the matter and respondent No.1 was directed to produce his evidence. Respondent No.1 has examined some witnesses and his evidence has been closed on 08.08.2012. Appellant and respondents 2 to 4 have been set ex-parte, which was later on set aside. One of the witnesses namely Dr.Adil Hafeez has been examined on behalf of respondent No.1 on 18.06.2014. Neither the appellant nor other official respondents have produced any evidence.