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2018 Supreme(J&K) 285

SANJEEV KUMAR
Mahesh Singh Jamwal – Appellant
Versus
Sheikh Mohd. Aslam – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.K. Pangotra, Advocate.
For the Respondents:Mr. Rajnesh Oswal, Advocate.

JUDGMENT :

1. At the outset, learned counsel for the petitioner submits that he has inadvertently filed the revision petition against the order dated 18.5.2018 passed by the learned 3rd Additional Munsiff, Jammu ( hereinafter referred to as “ The Trial Court”) whereby the application of the respondents seeking amendment of the written statement, has been allowed. He further submits that the order impugned is not revisable under Section 115 of the Code of Civil Procedure, as such the revision petition filed by him, may be treated as petition under Section 104 of the J&K State Constitution.

2. After going through the contents of the revision petition, I found that sufficient foundation has been laid for invocation of supervisory jurisdiction of this Court. Accordingly, the prayer of the petitioner is accepted and this petition is treated as petition under Section 104 of the J&K State Constitution. This, however, is without prejudice to right of respondents to claim that the order impugned is not amenable to be corrected in exercise of supervisory jurisdiction vested in this Court under Section 104 of the J&K State Constitution.

3. The petitioner claiming to be the owner in possession of

















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