J&K HC asks courts to adopt liberal approach to allow amendments in civil suits

The Jammu and Kashmir and Ladakh High Court has stated that whenever any amendment in civil suit is sought before the trial's commencement, a lenient approach should be adopted unless it causes irreparable prejudice to the opponent or changes the nature of suit.

Srinagar:In a recent ruling, the Srinagar bench of High Court of Jammu and Kashmir and Ladakh, has mandated a liberal approach for courts in allowing amendments under Order 6 Rule 17 of the Civil Procedure Code (CPC). The court emphasised that such amendments should be allowed unless they lead to irreparable prejudice to the opposing party or alter the fundamental nature of the suit.

Justice MA Chowdhary's bench highlighted that when seeking an amendment before the trial begins, a lenient perspective should be adopted, considering that the opposing party would have an opportunity to address the amended case. This directive came during the hearing of a plea challenging the rejection of an application for amending a civil suit order by the Court of Sub Judge, Chadoora.

The legal dispute revolved around ancestral property in Budgam district. The plaintiff, Haja Alias Hajira Bano, initiated a partition suit against her brother and other family members. Following initial pleadings, she aimed to amend the plaint to incorporate a recently discovered sale deed related to a portion of the property.

The trial court, citing Order 2 Rule 2 of the CPC, which prohibits subsequent suits for claims omitted from the initial suit, rejected the amendment application. Justice Chowdhary clarified that Order 2 Rule 2 only applies to separate suits and not to amendments within an existing suit. The bench emphasised that the trial court erred in rejecting the amendment without considering the necessary liberal approach before the trial.

Further, the court stressed the importance of amendments in determining the actual dispute between parties and noted that the petitioner/plaintiff sought the amendment regarding the mention of a sale deed concerning a portion of the suit property. Therefore, for effective adjudication of the dispute, the bench directed the trial court to allow the sought amendment and incorporate the amended plaint for further proceedings in accordance with the law.

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