SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(J&K) 601

M. A. CHOWDHARY
Ghulam Mohammad Misgar S/O Ghulam Rasool Misgar – Appellant
Versus
Nazir Ahmad Dhar S/O Late Haji Ali Mohammad Dhar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Tasaduq H. Khawja, Advocate with Mr Naseer-ul-Akbar, Adv.
For the Respondent: Mr Parvaiz Nazir, Adv.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top