amendmend of plaint
WHATSAPP 91-8075113965
(Querist) 01 October 2009
This query is : Resolved
sirs,
in a suit for eviction and arrears of rent, plaintiff was depending up on a kacheet[rent agreement]. after filing of the plaint,when the defendant was served with the copy of plaint, defendant came to know that rent demanded and period stated in the katcheet do not match, he gave a written statement, to that effect.
after , receiving the copy of the written statement, plaintiff seeks permission to amend the plaint.but, the defendant thinks of opposing the plaintiff"s attemptby filing a strong counter- statement, on the ground that it should not be allowed as, it will change the very nature and charector of the suit.
also,plaintiff came to know about this mistake only after going through the written statement filed by the defendant .
please advise me whether there is any ruling to the effect that amendmend should not be allowed .
salil kumar
advocate
thalassery-670101
vinjamuri ranga babu
(Expert) 01 October 2009
hello,
amendment can be as there is no change in cause of action and nature of the suit.
by.
Sachin Bhatia
(Expert) 01 October 2009
Amendment can made but there should not be any change in cause of action and nature of the suit.
Sachin Bhatia
(Expert) 01 October 2009
Amendment can made but there should not be any change in cause of action and nature of the suit.
Adinath@Avinash Patil
(Expert) 01 October 2009
Dear kumarpsalil,
U/O 6 Rule 17,OF C.P.C. Pleading's can be amend at belated stage if nature of suit no changed.
Go thrOugh the recent judgment OF S.C. you get your answer.
C.P.C. O.6 R.17.IF AMENDMENT RESOLVES REAL CONTRAVERSY BETWEEN THE PARTIES IT SHOULD BE ALLOWED EVEN IF BELATED.
SURENDER V/S MAKHAN.
CIVIL APPEAL NO. 6400/2009.
DECIDED ON 18/09/2009 [S.C.]
adv. rajeev ( rajoo )
(Expert) 02 October 2009
Amendment can be done at any time, so many rulings have come. By proposed amendment nature of the suit will not be changed. Ruling is given by Adinath Sir.
Bhushan V. Kale
(Expert) 02 October 2009
I agreed with Mr. Patil Sir. There are lot of rulings in this respect. You can ament the plaint without changing nature of suit.
Raj Kumar Makkad
(Expert) 02 October 2009
Jasmer Chand vs. Satpal 2006 (4) RCR (Civil) 229
Rajesh Kumar Aggrwal versus KK Modi 2006 (2) RCR (civil) 557 (SC)
Adinath@Avinash Patil
(Expert) 02 October 2009
Dear kumarpsalil,
There is some rulings when amendment can't allowed- go trough it you find answer.
1]Amendment taking away right accrual to party by laps of time- Amendment Refused.
A.I.R 1957 [S.C.]PAGE 363.
1957 S.C.C PAGE 264.
2]Amendment of W.S.Title of suit plff. claiming Will on ground that he is adopted son of "A" to whom property belongs.Defendant Dispossessing title of "A" in that property is W.S.-Later seeking amendment at belated stage and taking plea that said "A" had gifted said property mutually distructive olae there by sought to be raised. Amendment can't be allowed.
Shriman Guruduara committee v/s Jaswant Sinh.
1996 J.T. page 292.
