1. Judgment and decree dated 22.12.2003 passed by City Judge Srinagar, upheld by 1st appellate court i.e. 1st Additional District Judge vide Judgment and decree dated 16.6.2005 is impugned in the Civil 2nd appeal. In keeping with Section-100 of CPC, the substantial question of law for determination as formulated vide order dated 16.9.2005 are as under:

1. Whether a suit can be decided by the court without framing the necessary issues, which arise for determination?

2. Whether the draft issues, placed on the record of the file were treated by the trial court vide its order dated 12.7.2002 as the issues in the case, if so, whether without deciding those issues the court could have decided the suit in favour or against the plaintiff?

3. Whether Rule 14 of Jammu and Kashmir Civil Service Classification, Control and Appeals Rules supersedes the J&K Subordinate Services Recruitment Rules, in so far Class-IV post was concerned.

2. For proper determination of these formulated questions, it shall be quite advantageous to briefly notice the factual matrix of the lis, Respondent No.1 vide No. POP/ICDS/Esttt-98/195 dated 1.2.1998 came to be engaged as Orderly against the available vacancy for a pe

Click Here to Read the rest of this document