Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R.32(2)---Civil Procedure Code (V of 1908), O.XIV, Rr.1 & 5---Writ petition--- Requirements--- Non-filing of affidavit---Effect---Framing of additional issue---Scope---Writ petition was not supported by affidavits as required under R.32(2) of Azad Jammu and Kashmir High Court Procedure Rules, 1984---High Court had to decide writ petition on the basis of evidence in the shape of affidavits---Respondents had also not filed affidavits with the written statement---Trial Court had prerogative to re-arrange issues even at the time of final order---Present case was on the final stage of arguments before the Trial Court in second round of litigation, non-filing of affidavit, writ petition was incompetent---Writ petition was dismissed, in circumstances. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition--- Requirements--- Filing of affidavits---Purpose---High Court had to decide writ petition on the basis of evidence in shape of affidavits---Writ petition was incompetent without an affidavit. Sardar Muhammad Abdul Qayyum Khan for Petitioner. Sardar Muhammad Sabir Kashmiri for Respondent No.2. ORDER SARDAR ABDUL HAMEED KHAN, J.--- This is a writ petition filed by the petitioner wherein the impugned order of the District Judge Hajera dated 30-7-2011 has been assailed whereby the revision petition against the interim order of Civil Judge Hajera dated 29-3-2011 was rejected by learned Additional District Judge Hajera. The distinct facts of the case are that petitioner brought a suit for pre-emption before the learned Civil Judge Hajera. In the first round of litigation suit was dismissed for want of proof on 25-2-2010. The appeal against this judgment and decree filed by the petitioner was accepted by Additional District Judge Hajera vide its order dated 29-1-2011. The appeal was accepted and the case was remanded back to Civil Judge Hajera to decide the case afresh by passing resolution on each issue. The case is at the stage of final arguments. The petitioner moved an application before…

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