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Amendment of WRIT

Guest (Querist) 30 October 2009 This query is : Resolved 
A writ petition it just filed,,,may be listed in next week. After filing it is discovered that
1. there is a mistake in the adderess of respendent no1.
2. the respondent no 2 have shifted to its old address.
Is amendment of the petiton necessary?
What is the procedure to amend the writ petiton? If copy is served to respondent no.2 to its new address without amending the petition what will be the effect?
Shivasurya (Expert) 30 October 2009
Hi Jewel, dont worry it is a simple mistake. At the time of hearing before the Highcourt, you can mention that the address of the 2nd respondent has changed and seek permission of the court in a pleasing manner for mentioning the correct address, the Highcourt will always permit the petitioner to do it or else file an affidavit before the Highcourt at the time of hearing for mentioning correct address of the 2nd respondent in a pleasing manner, your problem automatically solved
Raj Kumar Makkad (Expert) 30 October 2009
Even you can move an application before the registry to be annexed with the writ praying therein to allow you to effect correction as sought by you.
adv. rajeev ( rajoo ) (Expert) 30 October 2009
It is not necessary to amend the writ petition.
u have already given an address for service of notice, if it is served no problem, if it is not served then you pay the process fee giving the new address.
N.K.Assumi (Expert) 31 October 2009
Dear Jewel, I absolutely agree with the members.There are some judge who are so srious in the forms of the writs, but it is the substance of the writs that matters not the forms or nicety of the writ petition. So follow the suggestions of the laened members.


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