J&K&L High Court Admits Plea Challenging CPC Amendments Made Under Reorganisation Order 2020 As 'Ultra Vires'

The Jammu & Kashmir and Ladakh High Court has admitted a writ petition challenging the validity of amendments made to the Code of Civil Procedure, 1908, through the J&K Reorganisation (Adaptation of Central Laws) Order, 2020, and has stayed further proceedings before the trial court in the meantime.A bench of Justice Sanjay Parihar was hearing the petition under Article 226 of the Constitution seeking a direction to declare the J&K Reorganisation (Adaptation of Central Laws) Order, 2020, insofar as it amends Order V Rule 1 and Order VIII Rules 1 and 10 CPC, as ultra vires.The petitioner contended that the corresponding amendments to the CPC, as applicable to the Union Territory of Jammu and Kashmir, are beyond the scope of Section 96 of the Jammu and Kashmir Reorganisation Act, 2019. The challenge is premised on the assertion that the Government of India was not conferred substantive power under Section 96 to amend Order V Rule 1 and Order VIII Rules 1 and 10 of the CPC beyond the scope of the said provision.It was argued that Section 96 of the Reorganisation Act permits only limited adaptations and modifications to facilitate the application of central laws and does not authorise substantive alterations to procedural timelines and rights under the CPC.The petitioner further submitted that similar petitions are pending before the Court and that even a Larger Bench is seized of such matters.After hearing the submissions, Justice Sanjay Parihar observed that the challenge raised prima facie merits consideration, and accordingly admitted the petition."Having considered the submissions made by learned counsel for the petitioner, I find prima facie merit in the same. Accordingly, the petition is admitted,” the Court recorded.Post-admission, notice was issued to the respondents. Counsel accepted notice on behalf of one of the respondents, while the remaining respondents were directed to be served, returnable within three weeks. The respondents were also granted time to file their counter-affidavits.In the interim, and subject to objections from the other side, the High Court stayed the proceedings pending before the Court of the 3rd Civil Subordinate Judge (Special Excise Mobile Magistrate), Jammu, in the case titled Subash Chander v. Dhruv Mahajan and Another.The matter has been directed to be listed along with a connected petition on 12 March 2026.Case-Title: Dhruv Mahajan vs Union of India, 2026Click Here To Read/Download Order

J&K&L High Court Admits Plea Challenging CPC Amendments Made Under Reorganisation Order 2020 As 'Ultra Vires'

Aleem Syeed

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