amendment in pleadings

Querist : Anonymous (Querist) 01 June 2010 This query is : Resolved
R/Sir,
How can I convince a Court to allowed my petition to amend the plaint which petition filed before written statement?Whether Court will allow my petition? If yes then How? Please suggest me?

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H. S. Thukral (Expert) 01 June 2010
Kindly read O VI R XVII of CPC Pleading can be amended at any stage if they do not change cause of action or cause injustice to the other party. For a guidance please go through a judgment of the supreme court Air 1979(SC) 557 wherein principles have been laid down allowing amendments in pleadings.

Daksh (Expert) 01 June 2010
Dear Anonymous,
I fully concur with Mr.H.S.Thukral and would like to add that the amendment in the pleading should not change the plaint totally and it should be necessary for meeting ends of justice and is not a dilactory tactic.
Best Regards
Daksh

Arvind Singh Chauhan (Expert) 01 June 2010
I do agree with Mr Thakural and Mr Daksh.

Querist : Anonymous (Querist) 01 June 2010
R/Thukral Sir,
I have not found ruling which u have given on the said page number.

Guest (Expert) 01 June 2010
WITH REFERENCE TO PROVISIONS OF CPC YOU MAY FILE APPLICATION IN THE COURT FOR AMMENDING YOUR MATTER.COURT WILL HEAR YOUR LAWYER AND PASS APPROPRIATE ORDER.PLEASE NOTE.

H. S. Thukral (Expert) 02 June 2010
Page no. is 551 and not 557. It is Pandit Ishwardas case

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