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2023 Supreme(J&K) 603

M. A. CHOWDHARY
Haja @ Hajira Bano, D/O Abdul Ahad Ahangar – Appellant
Versus
Gh. Mohammad Ahangar S/O Abdul Ahad Ahangar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H. Suhail Ishtiaq, Adv.
For the Respondent: Mr Aqib Khan, Adv.

JUDGMENT :

1. Through the medium of this Petition, initially registered as OWP No. 1293/2018 and later treated as Petition under Article 227 of the Constitution of India and, accordingly, re-diarized as CM (M) No. 111/2022 vide Order dated 6th of May, 2022, the Petitioner has challenged the Order dated 4th of June, 2018 passed by the Court of learned Sub Judge, Chadoora, whereby in a Suit titled ‘Haja Alias Hajira Bano v. Gh. Mohammad Ahangar & Ors.’, an application moved in terms of Order VI Rule 17 of the Code of Civil Procedure read with Order I Rule 10 (4) of the Code of Civil Procedure (CPC) for grant of leave to amend the Suit was rejected, holding that the Plaintiff through the medium of that application wanted to make such changes which shall change the nature of the Suit and also that the reason seeking amendment was within the knowledge of the Plaintiff at the time of the filing of the Suit, as such, the application is barred in terms of Order II Rule 2 of the Code of Civil Procedure (CPC).

2. The Petitioner had filed a Civil Suit for declaration, partition, separate possession and injunction before the Court below, asserting therein that the father of the Plaintiff and Def

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