Gurnam Singh Vs Gurpreet Singh (Jammu & Kashmir High Court)
The respondents had originally instituted a suit on 13 September 2018 seeking a declaration that a Will dated 11.08.1998 was null and void insofar as it related to land allotted to the displaced family of the deceased allottee, along with consequential relief for quashing the mutation sanctioned on the basis of the Will. The petitioner filed a written statement raising preliminary objections that the suit was barred by limitation and that a suit for declaration without seeking possession was not maintainable.
The respondents thereafter filed an application seeking amendment of the plaint to incorporate the relief of recovery of possession. They stated that the omission occurred due to inadvertence. They also explained that the application could not be moved earlier as their previous counsel had been suffering from serious ailments requiring repeated medical treatment and that further delay occurred during the COVID-19 pandemic.
The petitioner opposed the amendment, contending that it had been filed nearly four years after institution of the suit and was therefore grossly belated. It was argued that the omitted relief of possession could not subsequently be introduced by amendment and that the application was barred by Order II Rule 2 of the Code of Civil Procedure, 1908 (CPC). Reliance was placed on the Supreme Court decision in L.C. Hanumanthappa (Dead) through LRs v. H.B. Shivakumar.
