Verification of amended plaint
Vijay Kumar
(Querist) 03 February 2016
This query is : Resolved
In an Injunction suit,original plaint dated 01-12-2014 has been amended with leave of the Court.
On 27-1-2016, amended plaint has been filed by plaintiffs;but date of plaint is same i.e.01-12-2014. Also the date of verification is same i.e.01-12-2014.
Whether it is a defect? Whether I can take objection as defendants' counsel?
P. Venu
(Expert) 04 February 2016
Given your profile as a highly qualified professional, the query is surprising. The amendment, as allowed by the Court, is to be carried out/incorporated in the plaint.
Vijay Kumar
(Querist) 04 February 2016
Respected Venu Sir,there is no issue regarding amended portion. The issue is that amended plaint has been filed on 27-1-2016; but Verification at the foot bears the date 1-12-2014.
Meaning thereby that the amended plaint has not been verified at all at the time of filing.Regards.
R.K Nanda
(Expert) 04 February 2016
date must be 27/1/16 and u can take objection.
Vijay Kumar
(Querist) 04 February 2016
Thank you,Respected Nanda Sir.
Thank you Respected Goyal Sir.
I have tried my best to search rulings on this point, but have not been able to lay my hands on any relevant case law on this point.
Could you guide me, please?
Dr J C Vashista
(Expert) 05 February 2016
It can further be amended with the permission of Court, stating it as a typographical error.
Raj Kumar Makkad
(Expert) 06 February 2016
Though the mistake is minor which do not go to root of the case and thus can be got cured in the name of the typographic error, however, you should definitely bring the attention of the court towards this error.
Vijay Kumar
(Querist) 07 February 2016
Thank you very much, Makkad sir.Regards.
