Kamal Gupta vs Rajinder Kour And Others
2021 Latest Caselaw 1663 j&K

                                                                   Serial No. 03



       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                             CSA No. 21/2018
                                             IA No. 1/2018

Kamal Gupta                                  ...Applicant(s)/Petitioner(s)

                     Through:- Mr. Rahul Pant, Sr. Advocate with
                               Mr. Anirudh Sharma, Advocate
                           v/s

Rajinder Kour and others                               ...Respondent(s)

                     Through:- Mr. R.K. Jain, Sr. Advocate with
                               Mr. Pranav Jain, Advocate

Coram:       HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                     ORDER

CSA No. 21/2018

Heard.

Admit.

Having regard to the case set up by the counsel for the appellant as

also counsel for the respondents coupled with the perusal of the record,

following substantial questions of law emerge for consideration in the

instant appeal :-

1. Whether both the courts below overlooked the evidence on record with respect to the ground of personal necessity pressed into service by the plaintiff and failed to record the findings thereto committing perversity in the process while rendering the impugned judgments and decree ?

2. Whether the 1st Appellate Court erred in taking cognizance of the application for amendment filed by the defendant/appellant and in the process defeated

proposition that amendment is necessary to do complete justice between the parties ?

3. Whether both the courts below misdirected itself while relying upon judgment of the Apex Court titled as "Shakuntala Bai and others vs. Narayan Dass and others" reported in 2004 AIR (SC) 3484 ; and wrongly applied the same to the facts and circumstances of the case ?

Issue notice.

Mr. R.K. Jain, Sr. Advocate waives notice on behalf of the

respondents.

List on 15.02.2022.

IA No. 1/2018

Notice as above.

Notice waived by Mr. Jain, senior counsel on behalf of

respondents/non-applicants.

In the Meanwhile, subject to objections and till next date of

hearing the operation of the impugned judgment and decree shall stay.

List as above.

(JAVED IQBAL WANI) JUDGE

Jammu 10.12.2021 SUNIL-I