MOHAMMAD ABDULLAH MIR Vs. MOHAMMAD AKBAR GANIE
LAWS(J&K)-2020-10-25
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 13,2020

Mohammad Abdullah Mir Appellant
VERSUS
Mohammad Akbar Ganie Respondents




JUDGEMENT

Rajnesh Oswal,J. - (1.)Petitioners have assailed the order dated 29.02.2020 passed by the learned Munsiff, Pulwama in suit titled, "Mohammad Akbar Ganie vs Mohd. Abdullah Mir and others", by virtue of which, the learned trial court has permitted the respondent/plaintiff to incorporate in the plaint his claim with regard to his dispossession from the part of the suit property during the pendency of the suit and also the amendment in relief part claiming the relief of possession of the land of which the respondent was dispossessed.
(2.)The petitioners have assailed the order impugned inter alia on the grounds that the trial court has permitted the amendment after the commencement of the trial as the court had already framed the issues and had even heard the arguments on preliminary issues, wrong facts were allowed to be incorporated in the plaint as the respondent was not dispossessed by the petitioners from the portion of land because he was never in possession of the suit property and lastly, by way of amendment, the trial court has allowed the change in the nature of the suit
(3.)Learned counsel for the petitioners has vehemently argued that as per the mandate of Order-6 Rule 17 of the Civil Procedure Code, the plaint cannot be amended after the trial has commenced and in the instant case the trial had commenced with the framing of issues. He further has vehemently argued that by claiming the relief of possession, the nature of the suit has been allowed to be changed by the learned trial court as the suit initially filed by the respondent was for declaration as well as for permanent injunction and lastly submitted that the court has permitted the respondent to plead the false facts of his dispossession by allowing the amendment of the plaint.
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