Can a ws be amended or the facts omitted earlier in the first ws be placed before the court
saswata
(Querist) 18 July 2015
This query is : Resolved
IN AN EJECTMENT SUIT DIRECTED BY THE SUPREME COURT TO BE DISPOSED OFF WITHIN 8 MONTHS, IT HAS BEEN DISCOVERED DURING THE MATURE STAGES OF TRIAL THAT THE WS FIRST SUBMITTED OMITTED SOME VITAL FACTS-- ALTHOUGH LEAVE WAS CRAVED IN THE ORIGINAL WS--DUE TO NON-APPLICATION OF MIND BY THE LAWYERS THEN ACTING ON BEHALF OF THE DEFENDANT :
Q. 1: CAN THE WS BE AMENDED NOW NOTWITHSTANDING CERTAIN PROVISIONS TO THE CONTRARY ON THE GROUNDS OF THE PURPORTED FACTS BEING VITAL TO DECIDE ON THE MATTER?
Q.2: IN VIEW OF THE FACTS THAT THE PARTIES TO THE SUIT MAY EXERCISE THEIR OPTIONS OF APPEAL OR APPEALS AS MAY BE THE CASE OR CASES, CAN THE DEFENDANT PLACE THE FACTS OMITTED IN THE FIRST WS ON RECORD BEFORE THE TRIAL COURT "ONLY" TO BE REFERRED TO AT A LATER DATE BEFORE APPROPRIATE COURT OR COURTS OF APPEAL WITHOUT EITHER APPEARING TO, OR IN EFFECT CAUSING ANY PREJUDICE TO THE DIRECTION OF THE SUPREME COURT ??
J K Agrawal
(Expert) 19 July 2015
Sir Please write in simple English. Such a complicated language in CAPITAL letters is very horrible.
After trial commences an amendment in pleadings not allowed but in practice the amendments are allowed even at Supreme Court level so have a hope.
Rajendra K Goyal
(Expert) 19 July 2015
Discuss with your lawyer in detail who is well aware of the full case file.
dev kapoor
(Expert) 20 July 2015
Hi
What is gatherable from your narration is that you wanna know whether WS can allowed to be amended at the fag end of the case and in spite of SC perempting decision in 8 months.Answer is "YES".The court seized of the case can come to the conclusion that proposed amendment is required in the interest of justice.The court is required to adequately compensate the plaintiff taking into consideration delay caused and other circumstances.The main thrust is dispensing with substantial justice to the parties.
