Amendment of plaint
sudhirghabasu
(Querist) 18 December 2011
This query is : Resolved
hello sirs, good wishes. I had filed a suit for injunction i.e. not to disturb the peaceful possession and enjoyment of the suit scheduled property. while the pending suit the defendant had disconnected the electricity and sewage connection to the suit schedule property. we had lodged a complaint before the police and connection was restored.subsequently we had filed a petition to amend the plaint:- to add a prayer as no to disconnect the electricity and sewage connection till the disposal of the suit. the defendants had taken a stand that i should file a separate suit. Note: 1) the plaintiffs are in the suit schedule premises. 2) the electricity connection stands in the name of the plaintiff's grandfather. under these circumstances i want a citation to amend the plaint. which will apply to my case. Hope you will help me in this regard.
prabhakar singh
(Expert) 18 December 2011
You are entitled to the amendment for it is not belated and does not change the nature of suit and as afresh suit shall not only promote multiplicity of litigation but shall also be barred by o2r2 C.P.C.because relief sought for can be legally availed of just here in this suit.Not you but your defendant needs a case law that plaintiff can not add additional reliefs in the suit.
sudhirghabasu
(Querist) 18 December 2011
well said sir, but the problem is, the Hon'ble court requires me to produce some citations that is why i requested you to help me with some citations. thank you so much sir.
S.K.SARRAF (ADVOCATE)
(Expert) 19 December 2011
Order VI, Rule 17 CPC provides for amendment of Pleadings.
dont forget ask me for vital citations too.
tc.
good day.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 December 2011
When the electric connection is in the name of grand father of the plaintiff ,any disturbance will be criminal offense so why bother for civil action.
Similarly all essential services can not be disturbed by the landlord., it will also attract instant criminal action.
AMAR RANU
(Expert) 19 December 2011
No amendment is allowed if issues are framed in the suit.
RAJU O.F.,
(Expert) 19 December 2011
You can amend the plaint, if trial has not been commenced. Refer:
(2007) 5 Supreme Court Cases 602
Usha Balashaheb Swami Vs. Kiran Appaso Swami
sudhirghabasu
(Querist) 19 December 2011
hello raju sir thanks for your help, i had come across that judgement it speaks about amendment of wt.stmt. The citation in one of its part says that the courts shall be more liberal in allowing the petition for amendent of wt.stmt than in the case of amendment of plaint.please help me with some citations which particularly speaks about amendment of plaint. hope you help me. thanks you, sir.
valentine thakkar
(Expert) 20 December 2011
My case for amendment is something like this:
Plaint, WS and Affidavit for Exam in Chief submited.
Issues framed.
As a discovery of new document/fact, the petitioner/wife has submitted amendment Application U/O 6R17.
The Opponent advocate objects - at this stage amendment or document cannot be allowed.
Petitioner/wife's contention is that amendment can be made at any time even at appellate stage and in the Apex Court as well.
The judge has asked to come with SC citations.
Can any Hon Expert help me in getting the citation saying that the amendment is allowed even when issues are framed, trial started?
sudhirghabasu
(Querist) 08 January 2012
Hello, dear experts wish you all a very happy new year. My self and valentine thakkar sir are sailing in the same boat, but, there is little difference with my query and our learned friend Mr. Thakkar. In his case proof affidaviit is being filed, but, in my case case the issues were not framed, so sory for disturbing you, searched in many blogs and websites i am not able to get an citation which squarely applies to my case moreover the case is posted shortly on next week, kindly help me sirs,Thank you. with regards.
