Jammu and Kashmir High Court
CR/7/2026 of MOHAMMAD AMIN BABA Vs ABDUL HAMID NAJAR AND OTHERS on 30 March 2026
No.-13 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CR No. 07/2026 Caveat No. 3346/2025 Mohammad Amin Baba …Petitioner(s) Through: Mr. Basharat Ahmad Wani, Advocate Vs. Abdul Hamid Najar and Ors. ...Respondent(s) Through: Mr. Imteyaz Rashid Bhat,
Serial No.-13
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CR No. 07/2026
Caveat No. 3346/2025
Mohammad Amin Baba
…Petitioner(s)
Through:
Mr. Basharat Ahmad Wani, Advocate
Vs.
Abdul Hamid Najar and Ors.
...Respondent(s)
Through:
Mr. Imteyaz Rashid Bhat, Advocate for Cavetors
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
30.03.2026
1. The petitioner Mohammad Amin Baba is the plaintiff in a civil suit before the court of Civil Judge, Senior Division /Sub Judge Baramulla, on its file No.35/2023 instituted on 17.05.2023.
2. The petitioner came to seek amendment of the plaint which came to be allowed in terms of an order dated 29.08.2025 passed by the trial court upon imposition of costs of Rs.3000/- with a rider to file the amended plaint within a period of seven days.
3. The petitioner defaulted in acting in compliance by filing the amended plaint within time given and thus suffered loss of right file of the amended plaint with passing of an order dated 09.10.2025 after two months of which the petitioner came up with an application under Section 151 of the Code of Civil Procedure 1908, seeking recalling of order dated 09.10.2025 which application has also been rejected by the court below in terms of an order dated 26.12.2025 aggrieved whereof the petitioner has come up with the present revision petition.
4. The petitioner has taken almost two and half months in coming up with a present revision petition before this Court which is reflective of the fact that the petitioner as a plaintiff is acting on a late mode and, therefore, cannot expect law and justice to respond to his late call.
5. Therefore, this court is not inclined to entertain the revision but then this Court in exercise of its supervisory jurisdiction under article 227 of the Constitution of India grants indulgence in disposing of this petition at the outset. Since the petitioner was allowed amendment of the plaint that too subject to imposition of costs, as such no prejudice would be caused to the respondents by permitting the petitioner to submit his amended plaint before the court below
as per the amendment allowed by or before 10.05.2026, along with additional costs of Rs.5000/- joining the original costs of Rs.3000/- imposed by the court below.
6. Failure on the part of petitioner in complying with the direction hereby given on the date given before the court below shall be deemed to have resulted in recall of the indulgence hereby granted by this Court on its supervisory jurisdiction side.
7. Copy of this order be forwarded to the Court of Civil Judge Senior Division /Sub Judge, Baramulla, for being taken record on the file.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 30.03.2026 “Opinder”