Amendment in relief clause of ws
ckanta
(Querist) 21 February 2015
This query is : Resolved
Sir,
Plaintiff has filed suit for partition against Def.1 and 2 seeking partition of his share.Def 2 has claimed adverse possession in his ws and Now he has moved an appliaction uo6 r 17 for adding prayer in relief clause"Relinquishment deed in favour of Def 1 is declared Null and void and to declare him owner by way of adverse Possession "
My query is whether D2 can claim some rightie Declaratory right in his WS without filing counter claim as it is the case of Plaintiff .Def 2 has not filed counter claim till now and trial has begun and Def 1 witness is going on.what is the max time limit by which he may file counter claim taking the benefit of Condonation of delay
Second query is if his amendment is allowed any would it change the basic nature of the suit.
Reply on both the points .
Thanks in advance to all experts who will give their expert advice.
Dr J C Vashista
(Expert) 22 February 2015
In addition to mentioning about his claim /RD in his WS, the defendant has to file a separate counter-claim suit along with his WS within 30 days and documents (original).
Amendment application (u/o VI R 17 CPC) may be seen for its justification and be allowed subsequently.
Devajyoti Barman
(Expert) 22 February 2015
D2 can claim so only by way of counterclaim for which no separate suit is required.
The rule of chance of nature of suit does not apply to amendment of ws. It applies to amendment of plaint only.
Rajendra K Goyal
(Expert) 22 February 2015
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 23 February 2015
Agreed with experts, the defendant has to file a counter claim by paying appropriate court fee depending on the nature of claim made.
