cpc
shrikant chavan
(Querist) 21 October 2009
This query is : Resolved
I have filed case for the partition, injunction and declaration, while meantime i had applied for the amendment of the plaint for include the property after filling my written statement. the said application for the amendment has rejected by the trial court,now i would like to file writ petition against the impugned order. how can i prove the "due dilignece" as per order 6 Rule 17, please guide me, its very urgent.
PALNITKAR V.V.
(Expert) 21 October 2009
Prove that the amendment is in the interest of justice and that it is necessary for complete and effective disposal of the controversy. Also show that the amendment would avoid multiplicity of proceedings.
niranjan
(Expert) 21 October 2009
Pl.seethat your amendment is not time barred.That you are not making out a new case, no prejudice would be caused to the deft.the suit shiould not suffer for technacilities,to avoid multiplicity,the deft.has ample opportunity to defend his case.number of judments are available to allow your amendment.
AEJAZ AHMED
(Expert) 21 October 2009
Dear Shrikant Chavan,
Read this Apex Court Judgment, then dicide, whether to go for a Write or not.
Revajeetu Builders & Developers
vs
Narayanaswamy & Sons & Others
Decided on 9th October, 2009
Observation:
" 69. The decision on an application made under Order VI Rule 17 is a very
serious judicial exercise and the said exercise should never be undertaken in a
casual manner.
70. We can conclude our discussion by observing that while deciding
applications for amendments the courts must not refuse bona fide, legitimate,
honest and necessary amendments and should never permit mala fide, worthless
and/or dishonest amendments. "
Order:
71. When we apply these parameters to the present case, then the application
for amendment deserves to be dismissed with costs of Rs.1,00,000/- (Rupees One
Lakh) because the respondents were compelled to oppose the amendment
application before different Courts. This appeal being devoid of any merit is
accordingly dismissed with costs.
http://indiankanoon.org/doc/1893329/
adv. rajeev ( rajoo )
(Expert) 21 October 2009
how come the judge rejected your application, i think he has not applied him mind.
Amendment can be done at any time there are so many SC rulings.
If the property you wanted to include is belongs to your family then you are right.
Just show to the court how much it is necessary and it is belongs to your family etc.,
Sachin Bhatia
(Expert) 27 October 2009
Amendment can be done at any time at any stage.
