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1999 Supreme(J&K) 28

M.Y.KAWOOSA
M. Surda Corp. – Appellant
Versus
Vijay Kumar Mahajan – Respondent


Advocates Appeared:
Advocate For Appellant: H.L. Bhagotra
Advocate For Appellant: Kamlesh Pandit
Advocate For Respondent: S.K. Anand

PER: KAWOOSA J

1. By way of this civil revision petition, order dated 4th Jan., 1989 passed by learned City Judge, Jammu, has been questioned. By virtue of the impugned order, learned City Judge, Jammu, has allowed an application for amendment of plaint. He has allowed the plaintiff to delete the name of defendant No.1 Abdul Rehman and has also allowed to array M/S Kashmir Commercial Agency, 1-B/C Road Jammu as defendant on the ground that Abdul Rehman has been arrayed as defendant inadvertantly with a bonafide mistake. It has been pleaded that Abdul Rehman was not the tenant at the time of institution of the suit but on the other hand M/S Kashmir Commercial Agency was tenant of the suit premises. Suit was filed by respondent for ejectment against Abdul Rehman C/o. M/S Kashmir Commercial Agency. Court held that when there is mis-description in the plaint regarding the defendant, this can be corrected by way of amendment and such amendment will not change the nature of the suit.

2. Heard learned counsel for the parties. Mr. Bhagotra counsel for the petitioner, has urged before me that such amendment could not be allowed for the suit was filed against the dead person because Abdul R




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