Appeal of amendment in civil suit
Ankit
(Querist) 25 August 2017
This query is : Resolved
I am petitioner in civil case in the court of Civil Judge Junior Division . In the case evidence of one witness is complete and almost done for second witness. The evidences were going against the defendant so defendant filed an application for amendment in his cross pleading( jawab dawa).
Judge passed an interim order and allowed his application for amendment under order 6 rule 17.
Now I want to go for revision, so where can I file the revision District Judge or High Court?
R.K Nanda
(Expert) 26 August 2017
better file rejoinder to the amended written statement of defendant instead of filing revision.
Ankit
(Querist) 26 August 2017
Civil Judge Junior Division has passed interim order for allowing amendment so if we file rejoinder and we are accepting the amendmant, isn't so? And my bigger concern is that my case is going on from last 5 years and when now case was near conclusion he has filed amendmant and case will start again from zero and after few more years he will file amendmant again.
sukanya (Joyce)
(Expert) 26 August 2017
Amendment application can be filed till the closurer of evidence, so even if u file the revision petition no use., better try to file counter objections n proceed. C that amendment must not bring in new defence for defendent Once pleadings are allowed and new pleading cannot be allowed in amendment which changes the case breifs. Hope ur advocate will lead u better.
Rudrawar Narayanreddy
(Expert) 26 August 2017
now after amendment of CPC after 2002 amendment is normally not allowed after evidence starts unless the party filing the application for amendment shows to the court bonafide. Consult your advocate, as he will be knowing full facts and can guide you. If the amendment is wrongly allowed then you file writ petition before the high court. Your apprehension about delay is not correct when the case becomes five years old the court will take the matter as early as possible as court will have pressure from higher authorities. Your evidence alredy led will be sufficient or if need some evidence regarding amended pleadings may required. consult your advocate. There is no any provision to hear the case afresh. An additional issue will be framed and if evidence is required you will be given opportunity other wise court will proceed from that stage.I cannot give correct advise as facts are not available.
Dr J C Vashista
(Expert) 27 August 2017
1. In a suit there is no petitioner but plaintiff, recheck.
2. Amendment in written statement stated to have been submitted by the defendant cannot be entertained (not to speak of allowing). Recheck.
3. Even if your statement may be assumed to be true, file revision petition before District Judge.
4. Prima facie it is an academic question paper, which should have been resolved by your tutors.
Dr J C Vashista
(Expert) 27 August 2017
I am sure you will be dissatisfied with response of experts, therefore I do not expect any word of "thanks" or "gratitude" from you for the time and efforts devoted on your question paper.
However, if you still feel strong, let the "thanks" button be pressed for some "impersonating" respondent but not an expert.
Rajendra K Goyal
(Expert) 27 August 2017
The amendment has been allowed, may file rejoinder.
Advocate Bhartesh goyal
(Expert) 27 August 2017
Order on application u/o 6 r 17 of cpc can be challenged by civil miscll.writ petition under Art 227 of Constitution of India before H.C and not by revision.Amendment in pleadings after commencement of trial can only be allowed on ground of subsequent event and not to fill up any lacuna in pleadings.challenge the order before H.C.
