Nardev Lal vs Suresh Sharma - 2022 Supreme(J&K) 264

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 264

RAJNESH OSWAL
Nardev Lal – Appellant
Versus
Suresh Sharma – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sachin Gupta.
For the Respondent: Rohan Kidar Sharma.

JUDGMENT :

RAJNESH OSWAL, J.

1. The present civil revision has been filed against the order dated 31.08.2021 passed by the learned Additional Special Mobile Magistrate (Civil Judge) R.S. Pura (hereinafter to be referred as the trial court) in suit titled, Suresh K. Sharma and Others vs. Nardev Lal and Others by virtue of which, the application under Order 7 Rule 11 of the Code of Civil Procedure (for short the Code) filed by the petitioners for rejection of the aforesaid suit, has been dismissed.

2. The order has been impugned only on the ground that the plaint was liable to be rejected as the learned trial court lacked the jurisdiction in terms of Section 31 of the Jammu and Kashmir Evacuees (Administration of Property) Act, 2006.

3. Mr. Sachin Gupta, learned counsel for the petitioners, during the course of arguments, has reiterated the same grounds those have been taken in the memo of the petition.

4. Per contra, Mr. Rohan Kidar Sharma, learned counsel for the respondents submitted that the learned trial court has passed the order impugned well within the domain of law and there is no illegality in the same.

5. The facts necessary for the disposal of the present petition are that a su

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