J&K High Court allows plaint amendment to include mesne profits claim in ejectment suit
The Jammu & Kashmir and Ladakh High Court dismissed a petition challenging a trial court's order permitting amendment of a plaint in an ejectment suit. Justice M.A. Chowdhary held that the trial court properly exercised its discretion in allowing the plaintiff to amend the plaint to include a claim for mesne profits of ₹50,000 per month.
The court found that since trial had not commenced and issues were yet to be framed, the proposed amendment did not introduce a new cause of action or cause irremediable prejudice to the defendant. The suit involved ejectment of a tenant from a shop in Srinagar based on a rent deed executed in 2011.
The High Court found no jurisdictional error, perversity or patent illegality in the trial court's order and declined to interfere under Article 227 of the Constitution. The judgment clarifies that omissions in claiming reliefs in ejectment suits can be cured by amendment before commencement of trial.
