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2020 Supreme(J&K) 224

SANJEEV KUMAR
Amit Chawala – Appellant
Versus
Nirmal Chawala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Vaid, Advocate
For the Respondent: Mr. Amit Gupta, AAG

JUDGEMENT :

1. The power of superintendence vested in this Court by virtue of Article 227 of the Constitution of India is invoked by the petitioner to set aside the order dated 23.01.2019 passed by the learned Ist Additional Munsiff, Jammu (hereinafter referred to as "the trial Court") in a Civil Suit titled Amit Chawala Vs. Nirmal Chawala and other. With a view to better appreciating challenge to the impugned order, it would be necessary to set out few admitted facts.

2. A suit was filed by the petitioner on 15.04.2017 before the trial Court. The trial Court on the same day issued the summons to the respondents and passed ad-interim order of status quo. The summons issued by the trial Court were not formally served upon the respondents, but, it appears that when order of status quo was brought to the notice of the respondents by the petitioner, the respondents immediately engaged the services of a lawyer and accordingly, Shri Rohit Gupta, Advocate appeared in the matter on 14.07.2017 and sought time for filing written statement. The respondents through their counsel, instead, filed an application under Order VII Rule 11 CPC on 20.07.2017. The application was contested by the petitio

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