JAMMU AND KASHMIR AND LADAKH HIGH COURT: ADOPT LIBERAL APPROACH TO AMENDMENTS BEFORE TRIAL UNLESS IT CAUSES IRREPARABLE PREJUDICE TO OPPOSITE PARTY 0.6 R.17 CPC

The Jammu and Kashmir and Ladakh High Court in the case Haja @ Hajira Bano Vs Gh. Mohammad Ahangar observed and has ruled that courts must adopt a liberal approach and allow amendments under Order 6 Rule 17 of the Civil Procedure Code, CPC unless they cause irreparable prejudice to the other party or change the very nature of the suit.

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The bench headed by Justice M A Chowdhary in the case observed and has stated that whenever an amendment is sought before the commencement of a trial, a lenient view may be taken keeping in mind that the opposite party would have a chance to meet the case set up by amendment.

In the present case, the court was hearing the petition moved challenging the order passed by the Court of Sub Judge, Chadoora in terms of which an application seeking leave to amend her civil suit had been rejected.

The court stated that the issue raised stemmed from a dispute over ancestral property in Budgam district.