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2017 DIGILAW 459 (JK)

Nazir Ahmed Rather v. State

2017-07-27

ALOK ARADHE

body2017
JUDGMENT : Heard. 2. This review petition has been filed seeking review of the interim order dated 19.05.2017 passed by this Court in OWP No. 1037/2015. 3. Learned counsel for the petitioner submits that the petitioner had not given the instructions to learned counsel to make a statement which are contained in the penultimate paragraph of the order which reads as “The aforesaid averment made by learned counsel for the petitioner is serious in nature. Therefore, I deem it appropriate to direct that petitioner shall give his specimen signatures in FSL Jammu and the same shall be compared with his signatures in the documents (Annexure-B) dated 20.03.2015 and the FSL, Jammu shall submit a report with regard to genuineness of the documents dated 20.03.2015 within a period of four weeks from today. Thereafter the appropriate orders on the assertion made by the petitioner shall be passed.” 4. It is further submitted that in any case on account of inadvertence on the part of the counsel, a party should not suffer. On the other hand, learned counsel for the respondents has submitted that in view of specific assertion made by learned counsel for the petitioner, this court had recorded the observations which have been quoted supra. 5. After hearing learned counsel for the parties and taking into account the well settled legal preposition that on account of inadvertence on the part of the counsel for the party, a party should not suffer. I deem it appropriate to allow this application and to direct the deletion of the aforesaid paragraph from the order dated 19.05.2017. This order shall be read with in conjunction with the order dated 19.05.2017. 6. Accordingly, the review petition is disposed of.