Amendment to the memo of parties
iqbal Singh
(Querist) 05 December 2014
This query is : Resolved
Dear Sir(s),
I have been asked by the DB to include another Respondent by amending the Memo of Parties in an O.A. filed by me before the Hon'ble C.A.T.As there is no page by the name "Memo of Parties"in the OA and names of the respondents (R1 and R2) appear only on the Page 4 of the OA (IN THE MATTER OF "Applicant" Versus "R1" and "R2"), I request you to please advise as how to amend the said page by including the name of another Government respondent as R3. Whether I need to enclose the amended Page 4 of the OA as an another Annexure to the MA. Please advise.I am defending the case as P-in-P.
With regards
Iqbal Singh
Devajyoti Barman
(Expert) 06 December 2014
Are you an advocate? If so then if you are appearing before the DB then you should know that it meant Cause Title by this.
Do so at the earliest.
P. Venu
(Expert) 06 December 2014
Amendment to pleading before the Administrative Tribunals is to be carried out in the same manner as under the Civil Procedure Code.
The DB has only suggested you to make the amendment. It is not a direction.
You may file a Miscellaneous Application to amend the OA in including the additional respondent and the grounds for the same (you can state the the inclusion of the additional respondent is necessary for the proper disposal of the OA, in the interests of justice etc., but you should not mention of the suggestion from the Bench). Once the OA is allowed you should go to the Registry, get the OA and its copies and incorporate the additional respondent in red ink and get the amendment attested by the officer-n-charge. You should also supply to the Registry, one extra copy of the OA to be served on the additional respondent.
Incidentally, the matter before the DB is not an appeal, it is the original application.
iqbal Singh
(Querist) 07 December 2014
Thanks to the experts. Thanks P Venu Sir for the detailed response.
T. Kalaiselvan, Advocate
(Expert) 09 December 2014
expert Mr. P. Venu has given a detailed explanation of the procedure to be followed for carrying amendment, I agree with his views.
