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Amit Chatterjee (Officer)     03 September 2024

Amendment to plaint and recall

I am the plaintiff in a litigation concerning the ownership of a very small piece of land. I am the primary witness (Witness No. 1), and my cross-examination has been completed (it went for 3 years). It has come to light that I failed to mention a gift deed, which I now wish to include. The inclusion of this deed will not alter the statement or objective of the plaint at all (I became the sole owner of the property through this deed. While I have already stated in the plaint that I am the sole owner, I did not specify how I became so, i.e., I did not mention about the deed). A petition was filed, and my request for an amendment was granted, but at a cost.

Now, my lawyer says that he will submit the amended plaint on the next court date along with request for recall and that my cross-exam will take place once again. He also said that the cross will be concerning about this gift deed only. Is that really so?

Is this request for recall necessary in this situation? Is it the only option, or could it be avoided? Could my lawyer be mistaken in pursuing this course of action? The court order does not mention anything about a recall. I would appreciate any guidance you can offer. Thank you in advance.



Learning

 3 Replies

Real Soul.... (LEGAL)     03 September 2024

He may be intending ti refer the GD in the plaint and bought that on record. He is doing his job ,have faith

P. Venu (Advocate)     03 September 2024

The pleading having been amended, the opposite party certainly has option for making further pleading and recalling the concerned witness for deposition.

Amit Chatterjee (Officer)     03 September 2024

Thanks a lot for your responses. 

What I exactly wanted to know is, is recalling the only option in this case post inclusion of the amendment in the plaint? Means, if my lawyer doesn't make a recall petition what will happen?


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