Amendments under order 6 rule 17 cpc
irfan
(Querist) 26 April 2012
This query is : Resolved
we put a suit in small c court in year 2007, we have 3 house all purchased by our grand father and grand mother in yr 1960, after purchased they give it one house on rent to A(example),my grand fther and mother was expired in 1970 and 75,sins then this property is as it was on rent.sinc, this property is running on their name only, in 1970 occupire gave this house to his brother B (example) sinc then B's son and now his grand son is occupire this house,( but rent slip is still on the name of A only) my uncle admitted a suit to small couse court, at that time they joined all three brother( my grand father"s son) as pittisionar, my uncle take power from other two brother,we file this suit for possession of the suit primises from the defendent on the ground of arrears of rent,permenent alteration and personal and bonafide requirement,at the time of filing the suit our adv did some mistake like we mention survay no in place of mun sesus no , and we do not mention property's location( north -esat-west - south),in present this suit property is using by Mr B's grand son, by mistake we mention him as our tenant, after 2007 suit is going on, at this time issue was framed. in year 2008 we divide these three properties in three brothers with agrement of understanding, and this suit property is belonging to one brother who was power of atorny holder , and entry has been made in the record of city survey supritendent off.so rest of the legal hairs of co-owner have remove their right from the suit primises and now only one brother (power holder) only is owner of the suit premises, in this time issue was framed. at february 2012 i went to a other expert adv for the same, he put a amendment application in the suit (amendments under Order 6 Rule 17 CPC) we ask for all amendment that we require like sesusno, prop location,delet of other co-owner with city survay record evidance,not accept as our tenant,altration in suit primisis, mr A is actual tenant mr B is eleagle occupier, etc. court accept our application amendments under Order 6 Rule 17 CPC, after three days of judjment owner of the suit property( mr power holder) was died, after one month of judjment oponents went to high court against amendments under Order 6 Rule 17 CPC the pitition to the high court under article 226, 227 con of ind so please give me best advise for the same, which type of adv i have to take,what is basic point i have to work out and other u suggest
Adv.R.P.Chugh
(Expert) 26 April 2012
Dear Irfan,
Amendment of Plaint is the rule and denial is the exception before Trial Actually begins (by which I mean the taking of evidences). The first set of amendments viz. The Survey No/Direction etc. would be sustained without any problems. An objection can be raised as regards amendment to now aver/allege that B was not the tenant, because this amounts to going back on your own admission.
When you accepted him as your tenant in your original plaint that worked as a judicial admission, and when you purport to take away a judicial admission via amendment - the courts take it with a pinch of salt, as the same deprives the defendant of an admission in his favour. Most particularly when B got into the property about some 40 years back and lived and further inducted his grand-son in to the property - and you continued to get rent from him might go against you.
Having said all of the above - still Nothing concrete can be said without elaborately perusing the file.
Feel free to talk !
Raj Kumar Makkad
(Expert) 26 April 2012
As the matter is subjudice before high court so you shall have to appoint a lawyer from civil side. Amendment order has already been made and no review theirto has been filed so it has attained finality but if the same has been challenged by way of the writ, high court shall definitely take into consideration entire facts.
You should file the counter to the writ petition vigorously and effectively.
Shonee Kapoor
(Expert) 27 April 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 27 April 2012
Dear Irfan
17. Amendment of pleadings.-
The Court may at any stage of the proceedings allow either party o alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
AMAR RANU
(Expert) 29 April 2012
Any amendment application has to comply six parameters laid down by the Apex Court.
I agree that amendment is a rule not an exception like bail but since this provision is being massively abused and hence,it was deleted in 1999 but was restored in 2002 and Apex Court had to intervene to laid down aforesaid six parameters in 2009.
