cmp in cc for marking addl document+amendment
RAMJI
(Querist) 06 April 2014
This query is : Resolved
Dear Experts
In a consumer Case, version over, Proof affidavit of both over, Written argu of both over, oral argument of Opp party over and now it is at the stage of oral arguments of complainant. Questions are as below:
1. Now for marking additional documents (which was originally missed) of complainant, should i file a CMP?
2. Now it is observed that there is an error in CC prayer (i.e amount of compensation sought in WORDS IS DIFFERENT FROM THAT OF FIGUES)...now only it is noticed. Question is should i file another CMP for correcting /amending the error ?
3. Can i file a single CMP for both above said items ( marking addl doc+ amendment in prayer of CC as said in above point nr 2)
4. Any other views /advises pls
Thanks & Regards
Ramji
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
An application for filing additional document at this stage may not be allowed by the court citing the reasons that it appears to fill up the lacuna. About the amendment to the mentioned error, it may be taken up by filing a reopening petition along with a petition for permission to carry out the proposed amendments.
Devajyoti Barman
(Expert) 06 April 2014
You can do so only by way of amendment. if it is allowed then all your concerns will be addressed.
RAMJI
(Querist) 07 April 2014
Dear Sirs
My Thanks to Mr Barman sir
My further query to Mr Kalaiselvan sir are as follows:
1. During last hearing,a xerox copy of doc was shown to him as it is already referred in written argument BUT COPY WAS NOT MARKED AS IT WAS MISPLACED, hence Honble president verbally said that "YOU MAY FILE A CMP IF YOU WANT TO MARK UP A NEW DOCUMENT for which he has given time upto next hearing.
2. As u said petition for amending prayer may not be allowed as it was not brought out in argument....Suppose if petition for amendment to carry out correction IS NOT FILED AT ALL, WILL THE COURT CONSIDER THE AMOUNT IN WORDS OR IN FIGURES (whichever is lower or higher)?...
Thanks & Regards
Ramji
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
If the document was already filed with the papers at the time of filing the complaint with the forum, but it was not marked because of some reason, it can very well be marked at this stage by filing a CMP for the purpose and also for amending the complaint with the said proposed amendments, you can file another cmp for the purpose giving reasons for the error committed earlier, the forum will certainly allow the petition.
RAMJI
(Querist) 08 April 2014
Dear Mr Kalaiselvan sir
Thanks for your detailed reply with more clarity.....
Regards
ramji
