Amended or addition of facts in plaint

lalit (Querist) 06 November 2011 This query is : Resolved
can facts, left out by mistake, which are not surprising and or adverse or which makes the issue more clear, be added to the plaint?
if yes, than what is the procedure.

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Raj Kumar Makkad (Expert) 06 November 2011
You may move an application for amendment in plaint before concerned court which shall invite objections from other party and after hearing both parties, can allow it.

prabhakar singh (Expert) 07 November 2011
You may move an application for amendment in plaint but before trial begins,i mean before framing of issues would be best time.

Advocate Bhartesh goyal (Expert) 07 November 2011
Yes file an application u/o 6 r 17 of C.P.C for amendment in plaint,if nature of suit does not change by sought amendment then court will allow the amendment.

Sailesh Kumar Shah (Expert) 07 November 2011
Agree with all learned experts.

Arun Kumar Bhagat (Expert) 07 November 2011
I too agree with experts. A Plaint can be amended but a Complaint can not be amended.

lalit (Querist) 07 November 2011
plaintiff on receiving defendant's written statement realized that he has missed out a fact, which does not change the nature of suit, but makes the issue more clear.
plaintiff is to file his reply in affidavit, shall he incorporate and reply.

prabhakar singh (Expert) 07 November 2011
You should seek amendment in plaint was the earlier advise and still the same remains valid without any confusion.

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