Addition to ws after one and a half rs,issues framed and evidence recorded
vinaykala
(Querist) 15 April 2012
This query is : Resolved
dear sir,
i have filed a suit for possession of my property in del high court in sep 2010
the issues were framed in aug 11 and the affidavits for evidences given in nov 11.
my cross examination as principal witness is on april 18,12
the defendant nos 1 and 2, who are in illegal possession of the property have now after one and a half rs sought to amend their ws filed in oct 2010.
what sentence they want to add , the contents of which are already in records produced before the court.
while they state that it is just to add legality to their case, my feeling is , it is a ruse to delay the case further.
we shall of course oppose it strongly.
my query is
in their app they state that they are only adding to their ws, old ws info stays, it will not lead to delay in the case.
i understand that once their app is accepted we shall be back to square one with new replication, add denial, new issues, new evidences. am i correct/
or would a judge accept the addition with the proviso that there shall be no more addl rep, admission denial, fresh issues etc.
kindly enlighten
vinay kala
april 15,12
th
ajay sethi
(Expert) 15 April 2012
application for amdement is being made at a belated stage after framing of issues . once issues are framed court may not permit amednment of pleadings . further since affidavit of evidence has been filed application is liable to be rejected as made at a belated stage
Raj Kumar Makkad
(Expert) 15 April 2012
If the amendment sought in the written statement is already part of the pleading then highlight it and court shall not allow it but if the the situation is otherwise then court may allow it at any stage if the proposed amendment is necessary for the just and proper decision of the case.
Raj Kumar Makkad
(Expert) 15 April 2012
One thing more...Amendment in the written statement can be allowed at any stage of the case and it is not necessary to move the wheel back from replication then issues and so on if the amendment do not create a separate line of action of either of the parties.
vinaykala
(Querist) 15 April 2012
thanks makkad sahab,
i am satisifed sir
vinay kala
MohammedRaffiq Bijapur
(Expert) 15 April 2012
Hello Vinaykala
As regards the amendment application is concern i can only say that there is not hurdles in reverting back to initial stage of evidence if application is allowed.
