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2021 Supreme(J&K) 533

JAVED IQBAL WANI
Gh. Mohd. – Appellant
Versus
Manzoor Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vikram Sharma; Meenakshi Slathia.

JUDGMENT :

(Through Video Conferencing)

1. In the instant petition review of order dated 21.11.2020 passed in OW104 No. 97/2016 by this court is sought by the petitioner on the following grounds:-

    (I) Because the Order sought to be reviewed, it is humbly submitted, has failed to appreciate the grounds urged by the petitioner vis-a-vis the facts, as available from the records, as such, is liable to be reviewed for the error apparent on the face of record.

(II) Because the order sought to be reviewed omits to consider that the bar contained in Order VIII Rule 1 CPC to failure, to file the written statement within ninety days would not operate in the facts situation of the present case, in as much as the period for filing the written statement stood extended by the trial Court by its permission to file the written" statement in its order dated 20-01-2016. This permission to file the written statement has not been challenged by the respondents/plaintiffs, in absence whereof the respondents/plaintiffs cannot urge to play the bar contained in Order VIII Rule 1 CPC. This, therefore, would fall within the ambit of error apparent on the face of the record as the respondents/plaintiffs were esto

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