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ANSER MEHMOOD AWAN vs MUJAHID HUSSAIN NAQVI O — 2024 CLC 693 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 CLC 693 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
CLC
Parties
ANSER MEHMOOD AWAN vs MUJAHID HUSSAIN NAQVI O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ANSER MEHMOOD AWAN VS MUJAHID HUSSAIN NAQVI O.VIII, R.1---Officer / Official of the Court---Functions and responsibilities ---Fault of the Reader of the Court---Scope--- Contention of the respondent/plaintiff was that application for correction/amendment of written-statement was allowed subject to payment of costs which was not tendered by the appellants / defendants---Validity---Record revealed that while accepting the application for correction of written-statement, subject to payment of Rs. 1000/= as costs, the Reader of Court was directed to correct the clerical mistake sought to be corrected, hence it was responsibility of the Reader to make correction as was ordered by the Presiding Officer---As the appellants / defendants had taken stand that they had deposited the costs, then on said ground it could not be said that the order had not been complied with---It was the fault on the part of the Officer / Officer of the Court that in compliance with relevant order, correction had not been made in the "verification" , therefore, appellants / defendants could not be penalized for the fault of an authority---High Court set-aside the impugned judgment and decree passed by the Trial /District Court and remanded the matter for decision on merits---Appeal filed by the defendants was allowed, in circumstances.

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