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2019 Supreme(J&K) 459

RASHID ALI DAR
Mashooq Ahmad Lone – Appellant
Versus
Mohammad Saleem Ganai – Respondent


Advocates Appeared:
For the Appellant :M.I. Dar, Advocate
For the Respondents:Arif Sikander Mir, Advocate

ORDER :

Rashid Ali Dar, J.

1. Learned Principal District Judge, Anantnag has granted conditional leave in favour of the petitioner herein on his appearance before the learned trial court after the institution of the suit in terms of Order 37 of CPC, whereby recovery of Rs. 30,20,000/- was sought from the defendant (petitioner herein), while it is being pleaded that the defendant-petitioner herein had issued three cheques in favour of the respondent. Learned District Judge has taken note of the pleadings of the parties and referred certain judgments of the Hon'ble Supreme Court and High Courts in his order, impugned herein.

2. The petitioner herein had submitted the application for grant of leave on his appearance before the learned trial court while pleading that;

    The said court, where the suit has been filed, is lacking the territorial jurisdiction to try the suit and on such count alone the suit of the plaintiff is liable to be dismissed;

The petitioner and the respondent herein have some sort of business relations between them and one deal was discussed, for that some amount was to be invested by them to get the deal matured. That the plaintiff (respondent herein) was reluctant to in

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