Sneh Lata vs Dayalbagh Radhasoami Satsang
2025 Latest Caselaw 2979 J&K

Jammu & Kashmir High Court

Sneh Lata vs Dayalbagh Radhasoami Satsang on 12 December, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                      Supplementary List-II

                                                        Serial No. 152



      IN THE HIGH COURT OF JAMMU & KASHMIR AND
                       LADAKH
                      AT JAMMU

                               CM No. 7745/2025
                                       In
                               MCC No. 119/2018

                                 Date of pronouncement : 12.12.2025
                                            Uploaded on : 16.12.2025

Sneh Lata
                                                              ....Petitioner

                   Through:-    Ms. Arsha Sharma, Advocate vice
                                Mr. Sachin Gupta, Advocate.

                                  V/s

Dayalbagh Radhasoami Satsang
                                                        .....Respondent

                   Through:-    Mr. Aditya Gupta, Advocate.
\


CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                          JUDGMENT (ORAL)

01. In the peculiar facts and circumstances of this

case, this Court is not reluctant to grant any indulgence in

response to the present matter, particularly when the final

arguments in the civil suit are ongoing being participated by

the defendant through her counsel.

02. The petitioner came forward with this petition in

year 2018 which has not reserved even a first admission

In

hearing from this Court all along the pendency for the last

seven years.

03. The petition was filed by reference to a cause of

action that by virtue of order dated 19.03.2018 the trial

court has closed the evidence of the defendant i.e., the

petitioner and posted the case for final arguments.

04. Section 105 of the J&K Code of Civil Procedure,

Svt., 1977, which is akin to section 105 of the Code of Civil

Procedure, 1908, is always aimed to save any party to a civil

suit who, if prejudiced by any order said to be erroneous,

defective or irregular affecting the decision of the case, is

entitled to set forth the same as a ground of objection in the

memorandum of appeal which of course means civil first

appeal in the context of a decree of a civil suit and,

therefore, even if in the context of the present case, order

dated 19.03.2018 passed by the civil court is being reckoned

by the petitioner to be erroneous, defective and irregular

having the potential of affecting the final decision of the suit

still no prejudice would be caused to the petitioner in the

event of the decree passed against her in the civil suit when

in civil first appeal, the petitioner shall be all entitled to

assail not only the final decree but also the intervening

In

orders which are said to have caused prejudice to the

petitioner's case.

05. Hence, the petition-MCC No. 119/2058 is

dismissed along with connected application(s), if any.

(RAHUL BHARTI) JUDGE JAMMU 12.12.2025 Bunty Whether the judgment is speaking: Yes/No

Whether the judgment is reportable: Yes/No

In

2025.12.16 14:40 MCC No. 119/2018