Admendment at appellate stage
Prakash
(Querist) 25 December 2013
This query is : Resolved
Ld Counsels,
It was alleged that wife unwillingly married and did not cooperate with husband for consummation of marriage.
The case was dismissed. After filing of appeal it was discovered that wife had love affair with co-worker and was constantly in touch over her phone at the time of marriage and this is also the reason for non-consummation of marriage and refusal to come for honeymoon with husband.
In view of the new discovery Can the above be pleaded by way of amendment to the original petition.
Thanks in advance.
R.K Nanda
(Expert) 25 December 2013
yes, u can do amendment at appellate stage also.
Devajyoti Barman
(Expert) 25 December 2013
yes by way of an application under order 41 rule 27 of cpc.
Adv. Chandrasekhar
(Expert) 26 December 2013
Yes. U can do that and if your application is allowed, the matter has to be remanded to the trial court for amendment of parties (because the adulterer has to be added as respondent) and also for leading fresh evidence.
Rajendra K Goyal
(Expert) 26 December 2013
Agree with the advise of expert Adv. Chandrasekhar ji.
