Sikh Gurudwara vs Surinder Singh And Ors
2021 Latest Caselaw 248 j&K/2

                   HIGH COURT OF JAMMU AND KASHMIR
                            AT SRINAGAR

                                                    CSA No. 32/2018

                                                    Reserved on:- 01.03.2021.
                                                    Pronounced on:- 31.03.2021.

Sikh Gurudwara                                                      ..... Appellant(s)

                                 Through :- Mr. A. M. Dar, Sr. Advocate with
                                            Ms. Minsha Latief, Advocate.
                           V/s

Surinder Singh and ors.                                           .....Respondent(s)

                                 Through :- Mr. Younis Bhat, Adv.


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

                                       ORDER

1. Upon a careful perusal of the memo of appeal filed by the

appellant, it has come to the fore that the appellant has, inter-alia, urged this

Court to consider the following question of law:

(A) "How Presiding Officers of the Courts below read and applied, appreciated the testimonies of the piece of evidences which were unreadable, un-legible and blurred, as the substantial portion of the evidence got damaged during flash floods on 07th September, 2014 and no steps taken to reconstruct the file and a big question mark for a conclusion drawn by the Courts below, would arise?"

2. In order to determine whether the aforesaid question does actually

arise for consideration in the instant case, it is necessary to have a look at the

trial court's record so as to ascertain as to whether the trial court record has

been damaged to the extent that the testimonies of the witnesses recorded by

the trial court have become illegible and blurred. However, the trial court

record is not on record of the file.

3. Accordingly, the Registry is directed to summon the trial court

record forthwith so that the appeal is considered on its merits.

4. List again on 28.04.2021.

(SANJAY DHAR) JUDGE Srinagar 31.03.2021 Ram Krishan

This order/judgment is being pronounced by me in terms of Rule 138(3)

of the J&K High Court Rules, 1999.

(VINOD CHATTERJI KOUL) JUDGE

SRINGAR 31.03.2021

RAM KRISHAN 2021.03.31 15:58 I attest to the accuracy and integrity of this document