Amendment to the suit and notice of motion.
Sadanand B. Panchal
(Querist) 21 October 2012
This query is : Resolved
Respected Experts,
I have taken out Chamber Summons for amendment of the Plaint as well as pending Notice of Motion. Whether the pending Notice of Motion deemed to be abandoned?
Regards,
Sadanand B. Panchal
Advocate M.Bhadra
(Expert) 21 October 2012
You can amend your plaint under order 6 rule 17 CPC,a copy of plaint should be served upon the all defendant(not necessary to serve with common summon form)or you can served by hand through defendant lawyer.
Sadanand B. Panchal
(Querist) 22 October 2012
Respected Sir,
I do not understand your answer.Copy of plaint was already served to Defendnant at the time of filing the Suit and Writ of summons also served upon them. I have also served a copy of Chamber Summons to the Defendnat. My query is whether my Notice of Motion which is to be amended with plaint is deemed to be abandoned or not?
Regards
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 02 December 2012
Yes. Your onus has already been performed and you need not do anything.
Sadanand B. Panchal
(Querist) 03 December 2012
Respected Experts,
On last adjournment the Hon'ble Judge has been pleased to grant leave to Chamber Summons and directed me to serve the copy of chamber Summons upon Defendants. As per the said order I have served the same to the Defendants. Now my matter is on day after tomorrow. I will submit the original copy of Chamber Summons with Affidavit of Service. The matter is for to file reply to Ch/s. for Defendants. Can I take adjournment to file my Rejoinder if any reply filed by Defts.? If in case Defendant Advocate directly argue the matter can I take adjournment in the matter? Please Explain me. Time is short. Please Explain.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 04 December 2012
Generally reply is taken on file by the court so dont think that the argument shall take place on the fixed day fo reply and definitely you can seek adjournment as desired.
