Baldev Raj v. Shree Vinayak Misser Dharamshala Trusy, Jammu Thits Trustee Raju Sharma

JUDGMENT (ORAL)

¶01The petitioner – Baldev Raj is a defendant in an ongoing civil suit pending before the court of learned 2nd Additional District Judge, Jammu on file No. 10036/1993 titled "Shree Vinayak Misser Dharamshala Trust vs Shri Baldev Raj", meaning thereby the institution of the suit dates back to 1993.

¶02The suit preferred by the respondent is for possession of the suit land/property. Serial No. 08 Regular List

¶03When the suit came to enter the stage of final arguments, the petitioner came forward with an application purportedly invoking section 151 of the Jammu & Kashmir Code of Civil Procedure, Svt., 1977 for the purpose of summoning the Assistant Commissioner (Revenue) Nazool along with the record stating that summoning of the said witness along with the record is crucial in adjudication of the dispute from the stand point of the petitioner as a defendant.

¶04Said application of the petitioner has been dismissed by the trial court of learned 2nd Additional District Judge, Jammu, by virtue of an order dated 16.10.2025.

¶05The court of learned 2nd Additional District Judge, Jammu has come up with an express mention that the civil suit in reference is a target case having pendency of more than 30 years and, therefore, filing of the application, that too at the stage when even final arguments in the case stood advanced, is nothing but misconceived endeavor on the part of the petitioner, as a defendant, which is going to further delay in the disposal of the case.

¶06The court of learned 2nd Additional District Judge, Jammu, has further stated that provisions of section 151 of the Jammu & Kashmir Code of Civil Procedure, Svt., 1977 is meant to be invoked only in the circumstances where a civil court deems it proper, for just decision of the case, to invoke the inherent power so reserved under said section, which in

the present case is not available, and, therefore, the rejection of the application was the only inevitable end meant to be served to the application.

¶07The petitioner comes forward with the present revision petition under section 115 of the Jammu & Kashmir Code of Civil Procedure, Svt., 1977.

¶08This Court finds no reason and basis, be it factual as well as legal, to find fault with the impugned order, as such, revision petition is dismissed in limine along with connected application.

¶09The trial court of learned 2nd Additional District Judge, Jammu is directed to come up with disposal of the civil suit bearing in mind the fact that the case is a target case.

(RAHUL BHARTI) JUDGE JAMMU

08.12.2025

Bunty

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Jammu

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 7785/2025 Date of pronouncement : 08.12.2025 Uploaded on : 10.12.2025 Baldev Raj ….Petitioner Through:- Mr. Sahil Gupta, Advocate. V/s Shree Vinayak Misser Dharamshala Trust, Jammu …..Respondent Through:- \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE