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2000 Supreme(J&K) 143

G.D.SHARMA
Riyaz Jan Mast – Appellant
Versus
Asif Javid And Arshid Ahmad – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Appellant: M.A. Makhdoomi
Advocate For Respondent: M.S.A. Farooqi

1. Through the medium of this revision petition the petitioner has challenged the order dated: 21-06-2000 passed by the learned Sub Judge (CJM, Srinagar) whereby he allowed the application of the respondents made therein under Order 13 Rule 10 CPC and directed the Assessing Authority of the Sales Tax Department to send the record of the firm known as M/S Indian Metal Mart, Hari Singh High Street, Srinagar. The record comprised of form-C and statements of accounts from 1984 to 1998. In the alternative to supply the certified copies of the above stated record was also ordered. This order was passed in the suit which was filed by the respondents on 01-05-2000 for the relief™s of declaration, partition and possession. The suit was accompanied by application made under order 13 Rule 10 CPC wherein the impugned order was passed. The petitioner made application for the vacation of the above said order by pleading that High Court had stayed the operation of the order dated: 29-02-2000 passed by the District Judge whereby permission had been granted to the respondents to file the civil suit but this plea did not find favor with the trial court.

2. Heard the arguments.

3. The learned counsel








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