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2018 Supreme(J&K) 893

Noor Mohammad Rah – Appellant
Versus
Bashir Ahmad Wandroo – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Irshad Ahmad, Advocate
For the Respondent:Mr. Javed Iqbal, Advocate

JUDGMENT :

M.K. Hanjura, J.

This civil revision is directed against the order dated 13th of September, 2017, of the Court of learned 2nd Additional District Judge, Srinagar, passed in an application filed under Order 37 Rule 4 of the Code of Civil Procedure, for setting aside the exparte decree in case titled 'Bashir Ahmad Wandroo v. Noor Mohammad Rah'.

2. The factual background of the case is that the plaintiff/respondent herein filed a summary suit for the recovery of Rs. 20 lacs alongwith interest in the Court of the learned 2nd Additional District Judge, Srinagar, under Order 37 of the Code of Civil Procedure against the defendant/applicant. The said suit was determined by the learned 2nd Additional District Judge, Srinagar, by a judgment and decree dated 5th of June, 2017 and, accordingly, the defendant/applicant was directed to pay Rs. 20 lacs to the plaintiff alongwith interest @ 9 percent per annum from the date of the institution of the suit till realization of the decretal amount together with the costs of the suit calculated at Rs. 35,000/-.

3. The facts that persuaded the applicant to file this revision are that on the date of the institution of the suit, i.e. the 3rd of Ma

































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