(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) After the order passed by the third Hon'ble Judge (Justice J.B. Pardiwala) of this Court dated 01.08.2012, the matter is again placed before us for formulating the points of difference. We have considered the view expressed by both of us. Hence, the following points of difference -
If no evidence is led in a civil suit by the defendant after filing the written statement, what will be the effect, whether defence taken in the written statement could be considered by the Court at the final decision of the suit or not?
When the army is deployed for maintenance of law and order within the State at the request of the State Government and any liability arise for lapse or otherwise of the army, whether such would be the liability of the army or the Union of India of its own or such liability is to be borne by the State Government?
In a matter of State opening fire while maintaining law and order situation, it will be whose burden to prove the justification for opening fire, whether upon the State or it would be for the citizen to prove that there was negligence on the part of State official or the army official deployed at the State insistence for maintenance of law and order when civil suit is filed?
Matter now shall be placed by the office before Hon'ble the Chief Justice on administrative side for appropriate order.
(JAYANT PATEL, J.) (S.R.
BRAHMBHATT, J.) *bjoy