M. A. CHOWDHARY
Ghulam Mohammad Misgar S/O Ghulam Rasool Misgar – Appellant
Versus
Nazir Ahmad Dhar S/O Late Haji Ali Mohammad Dhar – Respondent
JUDGMENT :
1. Through the medium of this Regular First Appeal, the Appellants have challenged the Judgment and Decree dated 11th of April, 2022, passed by the Court of learned 4th Additional District Judge, Srinagar (hereinafter referred to as ‘the Trial Court’ for short), in a Civil Suit No. 39/2019 titled ‘Dr. Nazir Ahmad Dhar v. Rifat Jan Misger & Ors.’
2. The impugned Judgment and Decree has been assailed by the Appellants/ Defendants, inter alia, on the grounds that the same is not in accordance with law and has been passed without following the requisite procedure as prescribed under Order XXXVII of the Code of Civil Procedure (CPC); that the impugned Judgment and Decree was passed in a Suit which was barred by law of limitation, for the reason that the promissory note (Hundi), relied upon by the Respondent, as Plaintiff, was alleged to have been executed way back in the year 2005, whereas, the Suit was filed in the year 2019, when as a matter of fact, such a Suit could only be filed within a period of six years from the date of execution of the promissory note (Hundi); that the promissory note (Hundi), on which the Suit was based, was not filed as an original document with the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.