1. Revision petition No. 51/1997 is directed against the order dated: 30-06-1997 passed by the learned Addl. District Judge, Srinagar whereby he rejected the prayer of the petitioner for dropping the execution proceedings pending against him. This relief was claimed in the application made under section 47 of the Code of Civil Procedure wherein plea was taken that decree was a nullity as being passed without impleading the State of J&K as a party.

2. Through the medium of revision petition No. 69/97, order dated: 30-06-1997 passed by the learned Addl. District Judge, Srinagar has been challenged whereby he dismissed the application of the petitioner for the restoration of the application which was dismissed on 25-10-1994 for non-appearance. The earlier application had been made under Order 9 Rules 13 CPC for setting aside the exparte decree passed on 29-05-1991.

3. By this common order both the revision petitions shall be decided.

The factual matrix of the case in brief is that petitioner while posted as Director General of J&K Police vide order No, 1012 of 1985 dated: 20-09-1985 transferred the respondent. At that time, he was serving as a constable in the CID wing of Police, Srinaga

Click Here to Read the rest of this document