Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
in civil suit, what plaintiff second time give application for amendemet his plaint, for same ground and same fact, alredy first application is granted by court and he amend his plaint. than after at the cross examination is start and examination completed by respondent, than after second time plantiff give application for amend his plaint for same fact and same ground, in view of law point it is maintanable? respodent can any leagle option for stop that?
Arvind Singh Chauhan
(Expert) 23 September 2011
If this amendment seems to be an attempt to fill up the lacuna of prosecution or it may change the nature of suit, it must be rejected.
Raj Kumar Makkad
(Expert) 23 September 2011
As similar application already moved and allowed so there is no chance to allow it and it should be opposed by defendant and hopefully it is liable to be dismissed even with cost.
prabhakar singh
(Expert) 23 September 2011
Law regarding amendment in pleading has been liberal but fresh amendment in CPC has made it tougher so if it is really true that same amendments are re sought[though difficult to believe]i hardly hope it shall be granted.
Guest
(Expert) 23 September 2011
second time the permission for the amendment is very rarest of the rare.
ajay kumar mishra
(Expert) 23 September 2011
Amendment can be allowed even second time if it fulfill the ingredients of amendment but not in the same facts and same ground which has been disposed off previously.
Shailesh Kumar Shah
(Expert) 23 September 2011
I agree with common opinions of experts.
Ravikant Soni
(Expert) 23 September 2011
When first application granted and plaint amended accordingly then why second application?? It can not be tenable.
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