Jammu and Kashmir High Court: A Bench of Sanjeev Kumar, J. dismissed a petition filed against the order of a Subordinate Civil Judge where the application of the petitioner seeking leave of the court to file additional pleas (replica) was cancelled.
The facts of the case are that a suit was filed by the petitioner for Permanent and Mandatory Injunction restraining the respondent from raising any construction illegally and unauthorizedly to the prejudice of the rights of the petitioner which was pending adjudication before the Subordinate Civil Judge. Respondent then filed his written statement in which he clearly refuted the contents of the plaint. The petitioner with a view to file additional pleading moved an application before the trial court for submitting additional pleadings (replica). The trial court did not find any substance in the application and rejected the same. The ground that was given for rejection was that the petitioner failed to demonstrate any new facts which had come in the written statement and which needed to be refuted or explained.
The Court held that no case was made out for the exercise of the power of superintendence of the Court vested by virtue of Section 104 of the J&K Constitution. The order fell in the realm of discretionary order and unless the discretion was demonstrated to have been exercised with material irregularity, and in ignorance of the settled legal principles it could not be made the subject matter of interference in supervisory jurisdiction. The Petition was thus dismissed. [Abdul Rashid Chalak v. State of J&K, 2018 SCC OnLine J&K 1039, decided on 24-12-2018]
