Amendment done to plaint was informed very late to defendant
niky......
(Querist) 10 September 2014
This query is : Resolved
I am the defendant(tenant). There was a plaint amendment that got passed and plaintiff did that in early August. After that 2 hearing passed (only next dates were given no other agenda discussed). But Plaintiff didn't gave a copy of amended plaint to defendant in that time (more than 1 month passed). Later in 3rd hearing plaintiff's lawyer gave a copy of it.
Isn't it that the plaintiff should have given the amended plaint copy to Defendant in 15 days or immediate next hearing?
Shall this be brought in notice of court??
Thanks.
Dr J C Vashista
(Expert) 11 September 2014
Why did you or your lawyer did not inspect judicial file before next date of hearing? Why do you blame the plaintiff for not supplying a copy of amended plaint, are you not supposed to protect your right? Why did you fail to raise the question in earlier two dates?
Apply and get certified copy of amended plaint for your record and further proceeding.
Rajendra K Goyal
(Expert) 11 September 2014
If any reply to the amendment need to be fled by you and could not prepare till next hearing, you can prey court for adjournment.
niky......
(Querist) 11 September 2014
Thank you sir for your replies.
The reason i that this query is that, last time when the amendment was done to my WS, the clerk in court asked us that you have to give Plaintiff a copy of this amendment within 15 days or else some action can be taken by court.
So i was wondering wont that same thing apply to Plaintiff if he delays in giving a copy to me or my lawyer.
But i guess from your suggestion it's my or my lawyers duty to keep checking every time if any changes have been done.
malipeddi jaggarao
(Expert) 11 September 2014
Ultimately he has provided you a copy of amended plaint. The question is if your lawyer requires some time to prepare a written statement in reply to the amended plaint, he can ask for time as the copy is supplied to you belatedly.
In judicial process, delays are common and also one should be alert. Rules relating to filing of papers in the case are one and the same for both plaintiff and defendant. At the same time, if they are not observed accurately or inadvertently that would not hamper the case into-to.
ajay sethi
(Expert) 11 September 2014
file your additional ws on next date since you have been served with amended plaint
niky......
(Querist) 11 September 2014
Will do so, thank you everyone for your advise.
Raj Kumar Makkad
(Expert) 12 September 2014
This is not a serious issue and it is not going to affect the case in any way so there is no need to bring the issue to the knowledge of the court as this is already in its knowledge.
T. Kalaiselvan, Advocate
(Expert) 17 September 2014
Experts have advised well and properly addressed this query, nothing more to add.
