Legal update
Published
7 Oct 2026
Source date
6 Oct 2026
J&K and Ladakh HC: Omission to Claim Mesne Profits in Ejectment Suit Curable by Plaint Amendment Before Framing of Issues
Why it matters
The High Court of Jammu and Kashmir and Ladakh has held that an omission to claim mesne profits in an ejectment suit can be cured through an amendment of the plaint before the framing of issues. Declining interference under Article 227 of the Constitution, the Court upheld a Trial Court order permitting the amendment under Order VI Rule 17 of the Code of Civil Procedure.
Key points
- The High Court declined to exercise supervisory jurisdiction under Article 227 against a Trial Court order allowing amendment of a plaint.
- The Trial Court had permitted the plaintiff under Order VI Rule 17 CPC to introduce a claim for mesne profits at the rate of ₹50,000 per month.
- The Court ruled that omitting to claim mesne profits in an ejectment suit can be rectified by amending pleadings prior to the framing of issues.
What changed
Affirmed that a plaintiff who omitted a claim for mesne profits in an ejectment suit may cure the defect by amending the plaint under Order VI Rule 17 CPC before issues are framed.
Who it affects
Civil litigants and advocates pursuing or defending ejectment suits and seeking pre-trial amendments to pleadings.
Jurisdiction
Jammu and Kashmir and Ladakh
Sources and original links
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