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WASIM SADIQ NARGAL
Ab. Aziz Bhat – Appellant
Versus
Hilal Ahmad Bhat – Respondent
JUDGEMENT
1. This Petition arises from the order dated 08.12.2022 delivered by the Court of Principal District Judge, Budgam. The Supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked for challenging the order, supra.
FACTS
2. The Respondent has instituted a suit being number 'File 122/N' challenging the family settlement deed executed on 15th July, 2012 and registered on 19th July, 2012 with further consequential reliefs. The Respondent made the following averments in the plaint:-
Suit barred due to lack of objection against record of rights; civil court jurisdiction excluded under specific statutory provisions.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
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.
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