Mohit Saraf And Ors vs Mehrajuddin Bhat on 18 August, 2025

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18-08-2025

1. At the request of learned counsel for the petitioners, the matter is

taken up out of turn.

2. The petitioners have invoked the inherent jurisdiction of this Court

under Article 227 of the Constitution of India, assailing the order

dated 24.07.2025 passed by the Court of Additional District Judge,

Srinagar.

3. Learned counsel for the petitioners submits that the impugned order is

not only patently bad in law but is passed in violation of the principles

of natural justice qua the petitioners. It is urged that the proceedings

for leave to defend could not have been commenced since defendant

Nos. 2 to 4 (petitioners herein) were not duly served in terms of Order

37 Rule 3(4) CPC, thereby disabling the import of Order 37 Rule

3(6).



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