NATIONAL INSURANCE CO LTD Vs. H S RAINAL

JUDGEMENT

(1.) THIS LPA arises out of the order passed by the learned Single Judge of this Court in CMP No. 1479 of 1987 on November 18,1987, whereby the application of respondent for the production and inspection of the record, as prayed for by the respondent, was allowed.

(2.) THE appellant is aggrieved against the said order on various grounds including therein that the privilege has been claimed by the appellant before the learned Single Judge on the production of the record which has been rejected by the learned Single Judge.

(3.) THE LPA is not accompanied with the certified copy of the order impugned but of a Photostat copy and for the production of the duly certified copy the application was moved along with LPA which was registered as CMP no 2380/1987. When the LPA came up for consideration of admission before the Division Bench of this Court on December 28,1987, learned counsel for the appellant under took to produce the certified copy before the Deputy Registrar at Srinagar. Despite that undertaking the certing copy was not produced till the matter came up for hearing before this Bench. However, dispensing with the necessity of the certified copy, we heard the LPA because of the insistence of the learned counsel for the respondent and dispose of the same on merits.