Effect if app for amendment of ws
vinaykala
(Querist) 17 April 2012
This query is : Resolved
dear sir,
the defendant aagainst whom i havve filed a case in del high court for posession of my property has moved an app for amendment of ws , one and a half years later, when all evidences have been filed and i am due for cross examination on april 18.
he has stated in the app that amendment is sought to 'raise a legal plea'
kindly explain what is meant by to ' raise a legal plea'. it makes no sense to me.
further no fresh docs are being produced or fresh pleadings , other than the old through mild changes in language.
my second query is:-
if his app for amendment is rejected if we oppose it, he will go for review.
will the app for review , when filed in case his ws amendment app is rejected, delay my trial which is at cross examination stage.
or will the trial continue as it is and the app for review be considered later?
kindly enlighten
vinay kala
april 17,12
Devajyoti Barman
(Expert) 17 April 2012
Your opponent does not have good ground for amendment unless he needs to incorporate certain facts which could be ve=be stated earlier.
Review petition is hardly allowed.
Unless the Review petition is disposed off the court can not proceed with the trial.
ajay sethi
(Expert) 17 April 2012
an application for amendment is being made after evidence has been filed . the court may disallow the said amendments as trial has already commenced . if his application for amendment is rejected he may go in for appeal not review.
vinaykala
(Querist) 17 April 2012
does an appliction for amendment in ws be greanted with the proviso that the case till now will stand
or will the whole process of rejoinder, replication, admission denial, evidence by way of affidavit take place agains
kindly enlighten sir
vinay kala
Shonee Kapoor
(Expert) 17 April 2012
The amendment at belated stages are rarely granted, because then the other party gets to rebut the new pleadings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vinaykala
(Querist) 17 April 2012
thanks sir
we can rebut the new pleadings
but the question remains unaswered
will the whole process of replication,admission denial, framing issues start afresh so that they achieve their objective of delay on trial
kindly give consideredc opinion
vinay kala
prabhakar singh
(Expert) 20 April 2012
If an amendment in WS is allowed then court shall ask plaintiff to file a replica over amended portion of WS shall re look, if any additional issue arises,and then you shall need to file a rejoinder affidavit chief to meet the amended portion of the case.
vinaykala
(Querist) 21 April 2012
sir,
thanks
if court accepts the amendment to ws will my present cross examination , which has commenced continue or will be stalled
and the whole procedure of rep, admission denial, etc start afresh
vinay kala april 21
