Sheeraz Ahmad Teli vs Mohammad Shafi Sheikh
2021 Latest Caselaw 240 j&K/2

                                                                                    Item No.102
                                                                                    Supplementary
                                 IN THE HIGH COURT OF JAMMU AND KASHMIR
                                               AT SRINAGAR

                                                                               RFA No.06/2021
                                                                              CM No.1129/2021
                                                                             Caveat No.176/2021


                      Sheeraz Ahmad Teli                                       ...Appellant(s)

                               Through: -Mr. Mubashir Gatoo, Advocate.

                      Vs.

                      Mohammad Shafi Sheikh                         ...Respondent(s)

                               Through: -Mr. S. H. Thakur, Advocate


                      CORAM:         HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                                       ORDER (ORAL)

26.02.2021

1) With the appearance of Mr. S. H. Thakur, Advocate, caveat

lodged on behalf of the respondent stands discharged.

2) The appellant has filed the instant appeal against the judgment and

decree dated 21.12.2020 passed by learned Principal District Judge,

Shopian, in a suit for recovery filed by the respondent under Order

XXXVII of the Code of Civil Procedure.

3) The main ground urged by the appellant in this case is that the

service of summons was not properly effected upon him, as a result of

which he was unable to appear before the learned trial court and the

impugned judgment and decree came to be passed in exparte against

him.

MOHAMMAD ALTAF BHAT 2021.03.01 14:04 I attest to the accuracy and integrity of this document

CM No.1129/2021

4) Having heard learned counsel for the parties and having perused

the grounds of appeal and the impugned judgment/decree, this Court

feels that the appeal can be disposed of at the threshold itself by

affording an opportunity to the appellant to participate in the

proceedings before the trial court subject to imposition of appropriate

condition to which learned counsel for the parties have expressed no

objection.

5) Accordingly, the impugned judgment and decree dated 21.12.2020

is set aside and the appellant is permitted to participate in the

proceedings before the trial court and take appropriate steps for

defending the suit of the respondent in accordance with the provisions

contained in Order XXXVII of the Code of Civil Procedure. This shall,

however, be subject to the condition that the appellant deposits the

principal amount with the trial court at the time of his filing of his

application seeking leave to defend. In case the suit amount is not

deposited by the appellant at the aforesaid stage, the impugned judgment

and decree dated 21.12.2020 shall stand revived.

6) Copy of this order be sent to the learned trial court for information

and compliance.

(Sanjay Dhar) Judge Srinagar 26.02.2021 "Bhat Altaf, PS"

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No MOHAMMAD ALTAF BHAT 2021.03.01 14:04 I attest to the accuracy and integrity of this document