Ill drafted plaint, want to amend the plaint , what can be added? ancestral property
john12451785
(Querist) 24 July 2015
This query is : Resolved
stage of case hearing
1.Hindu law
2. Ancestral property, without partition to all family members, property was just partitioned in the name of male legal heirs. this was not mentioned in the original plaint.
3. Father of plaintiff has sold some part of the land, without knowledge of his children's.
4. children's have filed the suit against father in the year 2010, but in the plaint only two defendants(father of plaintiff and the person who purchased the property) were listed.
now i want to add, all the brothers of defendant no.1's in the plaint as defendants.
5. father of plaintiff illegally married, without giving divorce to first wife, this was not mentioned in the plaint
4.Ancestral property : In the main plaint not stated that the property belongs to great grand father, it was stated that the property belong to grand father.
5. can mother of plaintiff be added as plaintiff, asking property share from his husband share.
6. mother of plaintiff has filed a criminal case against his husband in the year 2013 with all required proofs,illegal marriage.
can i add this in the amendment paint, as this shows the behavior of father(D1) towards his children's and wife.
7. in prayer it was stated to cancel the sale deed and partition the ancestral property in equal share among d1 and p1 & p2
now i want to state to cancel the all sale deeds and partition the ancestral property in equal share among family members (i.e. legal heirs)
8. main plaint was filed under section 26, order VII , rule 1, c.p.c
9. now in amendment paint
order VI, rule 17 read with order 1 rule 3 and section 151 of c.p.c 1908
10. please guide me, this is my first case
Chanchal Nag Chowdhury
(Expert) 24 July 2015
U have not stated as to the reliefs U have prayed in the plaint. I suggest that U withdraw the suit with liberty to file afresh on the same cause of action- Order 23 Rule 1(3) CPC.
M/s. Y-not legal services
(Expert) 25 July 2015
Yes. My advise also the same that withdraw your suit with liberty to file a fresh suit.
Otherwise there will be unnecessary counter statement, arguments, order, may be revision by any one party.. Its all are waste of time.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
The suggestion made by experts above to withdraw the suit with the leave of the court to file a fresh suit appears to be a best option especially in a situation where the vital points have been allegedly omitted in the pleadings.
