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2019 Supreme(J&K) 185

RAJESH BINDAL
Suraj Parkash Badyal – Appellant
Versus
Chander Molli Badyal – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Vijay Gupta, Advocate
For the Respondent(s):Mr. B.S. Salathia, Sr. Advocate with Mr. Pawan Kumar Manni, Advocate

ORDER :

1. The petitioners, who are plaintiffs before the Court below, have filed the present petition in this Court challenging order dated 28.05.2018 passed by the learned Court below, whereby application filed for review of order dated 13.11.2017, whereby evidence of the plaintiffs was closed by order of the Court, has been dismissed.

2. Learned counsel for the petitioners submitted that the petitioners had filed a suit for permanent and prohibitory injunction on 03.04.1999. While the evidence of the petitioner was being led and as per the court record, the case was fixed on 13.11.2017 but the counsel for the plaintiffs wrongly noted the same as 14.11.2017, hence on the date fixed, evidence could not be produced. As a result of which, learned Court below closed the evidence of the plaintiffs. Application for review of the order was filed after the aforesaid order came to the knowledge of the petitioners/plaintiffs on the next date of hearing i.e. 22.12.2017. The same was dismissed.

3. Assailing the aforesaid order it was submitted that the petitioners were not able to lead evidence on the date fixed only for the reason that wrong date of hearing was noted otherwise, there was no in

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