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1965 Supreme(J&K) 41

JANKI NATH BHAT
Bhagat Singh Sethi – Appellant
Versus
Zinda Lal – Respondent


Advocates Appeared:
Advocate For Appellant: Amar Nath Raina
Advocate For Respondent: R.N. Kaul

This is a reference dated 10-5-65 made by the Sessions Judge Srinagar with the recommendation that the criminal complaint lodged by the respondent against the petitioners be quashed.

The facts that have given rise to this reference are as under.A civil suit for Rs. 19,900 was brought by Swinder Singh Sethi manager and attorney of Bhagat Singh Sethi and Takht Singh Sethi, proprietors of Messrs Punjab Timber Traders, against the respondent in the court of the District Judge Srinagar on 30-12-64. Along with this suit Swinder Singh put in an application supported by an affidavit for attachment before judgment and issue of a temporary injunction against the respondent. The District Judge was prima facie satisfied with the allegations in the application and the affidavit of S. S. Sethi and thereupon issued an attachment before judgment and a temporary injunction against the respondent. In pursuance of this order of the District Judge attachment was effected. It appears from the record that the defendant-respondent did not file any objections against this application and the affidavit of the attorney S. S. Sethi but on 2nd Jany. 65 he put in an
























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