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175 Suppl- I

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

CM(M) 106/2026 CM(1727/2026).

THE J AND K BANK LTD TH.ITS CHAIRMAN AND OTHERS.

…Petitioner(s)

Through: Mr. Shafqat Nazir, Advocate with Ms. Sabreena Bashir, Advocate.

VERSUS ABDUL MAJEED BHAT.

…Respondent(s)

Through: None.

CORAM:

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

ORDER

07.04.2026

01. Heard learned counsel for the petitioners at length and perused

the record.

02. It has been vehemently argued by the learned counsel for the

petitioners that Order 6 Rule 17 of the Code of Civil Procedure, 1908 specifically bars amendment after the commencement of the trial unless the party applying for such amendment proves that despite due diligence, the matter could not have been raised

earlier.

03. It has been further submitted that the respondent has miserably

failed to satisfy the aforesaid mandate of law and on the other hand, the learned trial court has allowed the said amendment and has failed to record any finding with regard to due diligence, even though the respondent had full knowledge of the relevant

facts much earlier.

04. In addition, it has also been submitted by the learned counsel

for the petitioners that it is a settled proposition of law that an amendment cannot transform the original cause of action into an entirely new case and in terms of the amended plaint, the plaintiff-respondent herein has introduced a new factual foundation which is inconsistent with the original pleadings. Thus, according to the learned counsel for the petitioners, the

amendment is not permissible under law.

05. Mr. Shafqat Nazir, learned counsel for the petitioners along with

Ms. Sabreena Bashir, learned Advocate has strenuously argued that the amendment has introduced a claim which was already barred by limitation and the Court below has failed to consider this aspect of the matter while passing the impugned order. Thus, the order impugned deprives the petitioners of a valuable defence and further compels them to face an entirely new case, which is

not permissible under law.

06. Prima facie case for indulgence is made out.

07. In the meantime, subject to objections from the other side and

till the next date of hearing before the Bench, there will be a stay of operation of the order dated 04.02.2026 passed by the Court of learned 3^rd Civil Subordinate Judge/Forest Magistrate, Srinagar in the case titled “Ab. Majid Bhat Vs. J&K Bank Ltd. Through

its Chairman & Ors.”

08. Registry is directed to summon the scanned record of File No.

44/N in case titled “Ab. Majid Bhat Vs. J&K Bank Ltd.

Through its Chairman & Ors.” from the Court of 3rd Civil

Subordinate Judge/Forest Magistrate, Srinagar

09. List on 18.05.2026. (WASIM SADIQ NARGAL)

JUDGE

SRINAGAR

07.04.2026

Bisma Jan.