Amendment of plaint -remedy
Charudutt
(Querist) 01 August 2012
This query is : Resolved
IA filed for amendment of plaint 1(ONE)year ago, oral argument not done ,instead written argument filed and is on record .Defendants have filed objections and have not argued even after getting sufficient time period i.e one year till date . IA pending for order and for amendment of the plaint.
My concerns
1. What are the shortcomings in the process so adapted ( if any ) and what can be done as a remedy
2. Kindly suggest me with a procedure to be adopted requesting the judge to exipdiate the matter and pass an order on IA filed for amendment. Kindly suggest with section/ Rule /Order under CPC
Please help.
THANKS in anticipation of your valuable advice and guidance
prabhakar singh
(Expert) 01 August 2012
Your lawyer should press the matter in court that amendment application be heard. Except section 151 no other provision for expediting
the hearing in same court.
Charudutt
(Querist) 01 August 2012
Ok.. thanks a lot sir ... Sir in case if i want to reach u personally to seek legal asssistance ...Can u please suggest
prabhakar singh
(Expert) 01 August 2012
I AM FAR AWAY IN DISTANT IN EASTERN UP,CALLED AZAMGARH.
ajay sethi
(Expert) 01 August 2012
you ought to draw attention of the court that application for amendment was filed more than ayear back and inspite of repeated adjournments defendants have not aregued the application . request court to give last chance to defendants for arguments . if no arguments made to pass reasoned order
R.K Nanda
(Expert) 01 August 2012
File an application u/s 151 of CPC with supporting affidavit in court for early hearing of amendment application.
Charudutt
(Querist) 01 August 2012
Will do it sir Thanks a lot sir ...My another Query sir
What is the importance of Adverse Inference drawn by the court against a document in this Context about the existence of will..Could u please explain it regarding the benefit that i would get from such an inference and also form the opposite party point of view , they having claimed the existence of the will which is " registered " but did not produce it on me submitting a document issued by the registrar office stating that no such will is registered on the date claimed by the defendant on filing an IA of Admit the Facts. The court having drawn an adverse inference regarding the document and having said that i can take the benefit of adverse inference .Could u please explain Sir....
