Back
RAJNESH OSWAL
Ab. Rahman Wani – Appellant
Versus
Shabir Ahmad Rather – Respondent
JUDGMENT :
1. Through the medium of this Petition, filed under Article 227 of the Constitution of India, the Petitioners have impugned the Order dated 28th of December, 2021 passed by the Court of learned Munsiff/Civil Judge, Junior Division, Aishmuqam (hereafter referred to as 'the trial Court'), whereby the learned trial Court has allowed the application filed by the Plaintiffs/Respondents herein for seeking amendment of the Plaint in the Suit captioned as 'Shabir Ahmad Rather & Anr. v. Abdul Rahman Wani & Anr.'.
2. It is stated that a Suit for declaration and consequential relief for injunction, titled above, was filed by the Plaintiffs/ Respondents herein, wherein they sought declaration to the effect that they be declared as owners in possession of land measuring 02 Kanals and 07 Marlas, comprising Survey No. 404 situated at Manzigam, Pahalgam, with a further prayer for issuance of a decree of permanent and prohibitory injunction, thereby restraining the Defendants/Petitioners herein from interfering into their peaceful possession over the Suit land and also restraining the Defendants/ Petitioners from dispossessing the Plaintiffs/Respondents herein from the Suit land. The Defen
All necessary amendments for determining the real questions in controversy should be allowed, provided it does not cause injustice or prejudice to the other side. Delay alone cannot be a ground to di....
Amendments to pleadings are essential for effective adjudication and should be allowed unless they change the nature of the suit or cause irreparable prejudice to the other party.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
The main legal point established in the judgment is that the trial court has the discretion to allow amendments to pleadings at any stage of the proceedings, provided it does not cause injustice or p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
