Amendmet wheather allowed after filing affi of evid i.e. cheif
amol
(Querist) 25 September 2012
This query is : Resolved
Whether amendment application for making Additional prayers are under sec 19 (8) Stridhan & Compensation u/s 22 of the D V Act is maintainable under the circumstances when the Affidavit of evidence already placed on record and matter is at the stage of her cross ?
the magistrate allowed the said application after failing affi of evi on record.
surprising fact on record is that she had filed Affid of Exam in Chief in April and Filed Application for making amendment of prayers as stated above in Orig application in the month of July 27th and the matter is at the stage of cross inspite of that her applin is allowed for amendment pls furnish the judgements if u have and one more thing this application is as per O 6 R 17 of CPC is it permissible BZ D V act to follow CRPC as stated in the act itself
Bz point is that erlier she demanded Streedhan though not prayed in orig Application and the same was rejected under sec 23 made by interim appli now the action of seeking same relief by amending prayers through this impugned order of allowing amendment appli under CPC can amounts to Res Judicata or not ? Pls Guide with Judgements Thanks
Devajyoti Barman
(Expert) 25 September 2012
The Magistrate by allowing the amendment at such advanced stage of hearing when the evidence had already commences has not improper thing.
If there was no explanation for delay in amendment and the magistrate equally did not give reason to allow such prayer the same would be set aside in appeal.
Do prefer appeal in the sessions court.
In DV Act, CPC has no application. Only CRPC would apply.
amol
(Querist) 26 September 2012
NO there is judgement referred by the other side in which it is stated that the D V Act proceedings are Quasi Civil in nature theefore the amendment was allowed in that matter will u pls give me the judgements on the point that after filing affidavit of Exam in chirf amendment ought not to have been allowed
thank s
