Non appearance of plaintiff
Daljit Singh Mann
(Querist) 28 May 2014
This query is : Resolved
Respected Sir,
A Plaintiff filed a civil suit for declaration in March2011 and defendants filed the written statement in August 2011. After availing the various opportunities, plaintiff did not appear for evidence. Now after 4 years and 6 months after the filing of written statement, plaintiff/ counsel for the plaintiff filed an application under order 6 rule 17 of CPC for amendment of plaint. My queries are -
1. Whether application filed by plaintiff is maintainable at this belated stage.
2. Whether the defendants can file an application for the dismissal of suit due to non-appearance of plaintiff.
Please tell me the relevant Order/rule. As I think any rule of Order IX will apply here.
Thanks.
Adv.S.A.N.Baroodkar
(Expert) 28 May 2014
their is two different aspect in your case firstly there are en number of judgement with respect to amendment of plaint the important thing in amendment is the basic structure or the cause of the suit should cannot be changed or altered by way of amendment application. secondly you should had move application at each and every stage when plaintiff was not contesting the proceeding from past 4 years however the purpose of amendment has not been mentioned in your query
Dr J C Vashista
(Expert) 29 May 2014
I agree with Mr S A N Barodkar to some extent. Did you insist the Court to dismiss the suit for non-prosecution?
However, as there is a limit of 30 days (extendable to 90 days) (Order VIII CPC)for filing of WS from the date of service of notice/summon, did you apply for condonation of delay.
Reply to your question:
1. Whether application filed by plaintiff is maintainable at this belated stage.
Yes, the suit can be amended at any stage till final settlement of issues.
2. Whether the defendants can file an application for the dismissal of suit due to non-appearance of plaintiff.
Yes, you should have moved before and not at this stage when plaintiff has appeared and filed application u/o VI R 17 CPC.
ajay sethi
(Expert) 29 May 2014
what is the nature of amendment sought?" has issues been framed in the case?
generally application for amendment of plaint is allowed by court provided it does not change the basi structure of the suit and it does not prejudically affect the defendants . court will impose costs and permit amendment
R.K Nanda
(Expert) 29 May 2014
no more to add.
Raj Kumar Makkad
(Expert) 29 May 2014
I do endorse the advice of the Sethi, however, you are also required to clarify about the status of the civil suit.
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
I agree to the experts views on amendment, however you may furnish the details of amendment sought for by the plaintiff for further proper opinion.
