Amendment application pending before magistrate can applicant file affidavit in evidence?
JAIME
(Querist) 21 March 2013
This query is : Resolved
In this case when the Opponent found that the reply filed by his lawyer was incomplete and without documentary evidence to contradict the Applicant's Claims and wanted to amend the lawyers reply subject to seeking permission to add affidavit and verification. After submitting Application to file Verification and Affidavit on the next date the Applicant upon realizing that the Opponent would amend the reply and bring the facts of fraud being played upon the court by way of amendment the applicant filed affidavit in evidence to prevent the Opponents from amending their reply. Is there a remedy in this case? Is it necessary that the Court fixes the date for filing Affidavit in evidence or can the Applicant's lawyer file his Affidavit in evidence during the pending of court's decision on an application presently before it. Thanks.
Devajyoti Barman
(Expert) 21 March 2013
What is the case and what amendment are you talking about?
You can not restrain a party to seek amendment.
