Order 6 rule 17 amendmentof written statement
NAGARAJ
(Querist) 04 June 2019
This query is : Resolved
partition suit instituted by the plaintiff in the year of 2005 .D-3 WS filed on 2011 .xpw1 compleated now stage is for defence and now the LRS of D-3 filed O.6.Rule 17 cpc for amend the original written statement 01-01-2019 after lapse of 12 years stating that the plaintiff delibaratly have left some joint family propoerties bearing survey no75 .10 guntas...
the real fact is 10 guntas purchased by defendant no-2 self aqired property whether this amendment application maintainable by way of counter claim aginst the co-defendants.?
mainly D-3 died Lrs application still pending for orders and not yet arrayed as defendants on plaint under this circumstances his Lrs of D3 have locus standi to file the above application? is it pre mature application.
any suggessions or citetions for dissmissing the above said application
Dr J C Vashista
(Expert) 05 June 2019
Although application u/o VI Rule 17 CPC can be moved any time before settlement of issues, even then it can not be allowed at the stage of defendant's evidence, as stated by you.
Application to include other property in the suit may also attract the provisions of Or. II Rule 2 CPC, at this stage. Please verify the facts, which are.vague and can not be presumed.
It would be better to consult a local prudent lawyer with relevant records/case file.
NAGARAJ
(Querist) 05 June 2019
Application filed by the proposed defendant no.3(a)...bcz his father died D3 Lrs application not yet allowed .and 3a not arrayed as defendants on record at this stage he s filed d above application. Is it maintainable?...premature application rit
KISHAN DUTT KALASKAR
(Expert) 05 June 2019
Dear Sir,
It all depends upon the necessity of amendment in the background of given facts. You must convince the Court that such amendment is not necessary and filed in order to borrow sometime and to prolong the proceedings, then it will be dismissed.
Please mark “LIKE” if satisfied by my answer.
NAGARAJ
(Querist) 28 June 2019
Tq 4 your valuable reply sir
R.K Nanda
(Expert) 29 June 2019
oppose said application by filing ur reply to it in court and get it dismissed.
NAGARAJ
(Querist) 29 June 2019
Tq 4 ur valuable reply sir....I was filed my detailed objection by mentioning all above facts and also filed written arguments along with some citations mater is posted 4 orders...let me see sir what happen
NAGARAJ
(Querist) 29 June 2019
Tq 4 ur valuable reply sir....I was filed my detailed objection by mentioning all above facts and also filed written arguments along with some citations mater is posted 4 orders...let me see sir what happen
NAGARAJ
(Querist) 03 October 2019
Unfortunately application allowd but after 4 months LRs of D2 again filed amendment application for amendment of written statement only prolonging the matter
Azhagananth
(Expert) 28 December 2019
If the separate suit for partition is not barred by law of limitation, there is no question of limitation in filing the counter claim arises.
https://indiankanoon.org/doc/177717361/
refer para 5 & 6 of the Judgment.
