amendment in suit

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
R/Experts,
I have filed suit for possession by removing encroachment.But in my pleading I claim less area in that of actual encroachment.Now I want to amend my pleading.The stage of suit is for written statement.Please tell me whether I can amend my plaint or not?If yes then May I wait until T.I.petition is disposed or prior thereto?

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Devajyoti Barman (Expert) 08 May 2010
Yes you can now file a petition for amendment of pleading and as the ws has not been filed as yet the opposite party has got less chance to oppose it.

Parveen Kr. Aggarwal (Expert) 09 May 2010
Order 6, Rule 17 of the Code of Civil Procedure, 1908:

"17. Amendment of pleadings:- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial."

Amendment of pleadings - Should be allowed when it is bona fide, legitimate, honest and necessary - Should never permit mala fide, worthless and/or dishonest amendments. 2010(1) Civil Court Cases 001 (S.C.)

G. ARAVINTHAN (Expert) 09 May 2010
BETTER FILE APPLICATION AT THE EARLIER STAGE

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