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Judgment
M.M. Kumar, C.J.—Caveat is discharged. This appeal under clause 12 of the Letters Patent is directed against order dated 07.08.2013
rendered by the learned Single Judge of this Court holding that the writ petitioner-appellants cannot be permitted to incorporate the amendments
by challenging the statutory provisions of the Agrarian Reforms Act and consequential amendment in the relief clause. The writ petitioner-appellants
also sought to incorporate the plea that their cultivating rights as tenants of the land cannot be abrogated by promulgation of the Jammu and
Kashmir Evacuee (Administration of Property) Act, Svt. 2006. The learned Single Judge has declined the prayer for amendment on the ground
that the writ petition was filed in the year 2008 and some amendments had been allowed in the year 2012. The application for amendment is not
bonafide and is aimed at protracting the proceedings.
We have heard learned counsel for the parties at some length and find that the application for amendment deserves acceptance.
Firstly the learned counsel for respondent nos. 2, 5 and 6 has conceded before the Writ Court by stating that they do not wish to oppose the
application for grant of leave to amend the writ petition as is evident from interlocutory order dated 01.04.2013. Secondly, the costs are
considered adequate compensation for granting amendment of the pleadings. Thirdly, Courts are liberal in granting the amendment before the trial
is commenced.
It is true that respondent no. 7 had opposed the amendment by raising the plea of res judicata and that the applicants cannot be permitted to set
up pleas which are mutually destructive to each other as the writ petitioner-appellants had earlier claimed adverse possession over the land in
dispute whereas now they were claiming the right in their capacity as tenants on the evacuee property. But we are not impressed with any
objection raised by respondent no. 7.
As a sequel to the above discussion, order dated 07.08.2013 passed by the learned Writ Court is set aside. The application seeking
amendment under Order 6 Rule 17 CPC is allowed. However, the respondents shall be at liberty to raise all the pleas including the argument
concerning the mutually destructive pleas before the Writ Court while arguing the case on merits. The amendment shall be subject to payment of
costs of Rs. 5000/-. This shall be paid by the writ petitioner-appellants to respondent no. 7. The amended petition shall be filed within two weeks
by the writ petitioner-appellants with copy in advance to counsel for the respondents. The parties though their counsel shall appear before the Writ
Court on 22.10.2013 when the writ petition shall be listed by the Registry.