SANJAY DHAR
Union Of India – Appellant
Versus
Brigadier Datar Singh – Respondent
JUDGMENT :
1) Petitioners have filed the instant petition under Section 103/104 of the Constitution of Jammu and Kashmir (corresponding to Article 226/227 of the Constitution of India) whereby they have challenged order dated 29.06.2015 passed by the Court of learned Munsiff, Baramulla, in the case titled “Brigadier Datar Singh & Ors. Vs. Union of India & Ors” whereby applications of the petitioners seeking permission to file written statement to the suit filed by the contesting respondents against them has been dismissed.
2) The primary ground which the petitioners have urged before this Court is that in a civil revision petition filed by them on an earlier occasion, orders of the trial court whereby two applications of the petitioners, one for setting aside exparte proceedings and another for seeking rejection of plaint in terms of Order VII Rule 11 of the Code of Civil Procedure, were dismissed, have been set aside. It is contended that in terms of the said order, petitioners were allowed to join the proceedings and to contest the suit on the grounds available to them and, as such, it was not open to the learned trial court to go behind the said order of this Court and reject the
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