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MOKSHA KHAJURIA KAZMI
Gh. Hassan Khanyari – Appellant
Versus
Reyaz Ahmad Bhat – Respondent
JUDGMENT :
1. This writ petition filed in terms of Article 227 of the Constitution is to seek seeing aside of the order dated 17th April, 2018, for short impugned order, passed by the court of learned 1st Additional District Judge, Srinagar, for short court below, dismissing an application filed before it by the defendant no. 1, petitioner herein, in terms of Order VI Rule 4 of the Code of Civil Procedure, CPC, on the grounds taken therein.
BRIEF FACTS
2. A civil suit titled Reyaz Ahmad Bhat v. Ghulam Hassan Khanyari and anr., has been by the plaintiff/respondent no. 1 herein, before the court below for declaration, ejectment, possession and mandatory injunction on 7th May, 2013, pleading inter alia therein that he has purchased land measuring 2 kanals and 4marlas bearing Khasra no. 2482/2150/393, Khewat No. 324, Khata No. 1118-Min situated at Gupt Ganga, Srinagar, along with super structure standing over it from the defendant no. 2/earlier respondent no. 2 herein, substituted by his wife after his demise, but the possession of the said property has not been delivered to him as the defendant no. 1, petitioner herein had remained in possession of the same as trustee, brother of the def
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
Civil Suit - Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of ....
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, particularly Rule 3, Order 39, which mandates the court to give notice of the application for inte....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
The main legal point established in the judgment is the limited scope of the power of superintendence under Article 227 of the Constitution of India and the principles governing the exercise of such ....
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