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1977 Supreme(J&K) 94

A.S.ANAND
Sri Ram – Appellant
Versus
Ashwani Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: Dhanpat Rai
Advocate For Respondent: G.A. Tak
Advocate For Respondent: S.S. Khajuria

1. This revision petition is directed against the order of learned Sub Judge, Jammu, dated May 6, 1977, by which he allowed an application of the plaintiffs-(respondents herein) for the examination of their witnesses namely Arjan Nath Trakroo, petition-writer, Srinagar, Ali Sheikh, Lambardar of village Nunnar Tehsil Ganderbal and the patwari Nunnar Circle Tehsil Ganderbal on commission.

2. From a persual of the record it transpires that the plaintiffs have filed a suit for declaration to the effect that sale deed, dated January 14, 1974, and registered on the same day, executed by defendant No: 3 in favour of defendant No: 1 was null and void, and inoperative against the rights of the plaintiffs. During the course of trial, some evidence was recorded by the learned Sub Judge, Jammu, when on April 27,1977, an application was moved before the learned trial court for the examination of the above-named three witnesses on commission. On notice of that application being given to the defendants, they filed their objections to the application and submitted that the witnesses be directed to appear in the court and be not examined on commission. The objections of the defendants did not find



























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