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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A. CHOWDHARY
Ghulam Hassan Khanyari S/O Ghulam Mohi-ud-Din Khanyari – Appellant
Versus
Riyaz Ahmad Bhat S/O Ghulam Mohammad Bhat Jabgari Pora, Nowhatta, Srinagar – Respondent
JUDGMENT :
1. Through the medium of the present Petition, filed under Article 227 of the Constitution of India, the Petitioner has assailed the Order dated 25th of September, 2023 (for short “the impugned Order”) passed by the Court of learned 1st Additional District Judge, Srinagar (hereinafter referred to as “the Trial Court”) in the Suit filed by the Respondent herein titled ‘Riyaz Ahmad Bhat v. Ghulam Hassan Khanyari & Anr.’, whereby the application filed by the Defendant No.1/ Petitioner herein seeking amendment of the Written Statement has been rejected.
2. The brief facts of the case leading to the filing of the instant Petition, as emerge from the perusal of the pleadings on record, are that the Plaintiff/ Respondent herein filed a Suit against the Petitioner herein and another person before the Trial Court, thereby seeking Decrees of Declaration, Ejectment, Possession and Mandatory Injunction, which is pending final adjudication before the Trial Court. On being put to notice, the Defendant No.1/ Petitioner herein appeared before the Trial Court and filed his Written Statement, however, after filing of the same, the Defendant No.1/ Petitioner herein is stated to have felt a n
The court upheld a liberal approach to amendments in pleadings, allowing inconsistencies unless they cause prejudice, emphasizing the need for effective adjudication of the real issues.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Established limits for amending pleadings after trial onset under CPC provisions.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Amendments to written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
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