Order VI Rule 17 with Rulings Apex court
Kumar Krishan Agarwal Advocate
(Querist) 04 November 2009
This query is : Resolved
1. I have a made an amendment under O.6 R.17 for amending into plaint. into amendment I annexed 17 rulings of High Court and Apex Court for support so that the amendment will not refuse by the court of law.
Q. Is attaching rulings with amendment is bad in law or bad pleading.
Q. I uploaded the amendment file please have a look the amendment pleadings I drafted by me is right or wrong. 29_amendment_a01_new_.doc
If any changes you have done according to your taste/way then after that mail to me at the correct file at
kk_agarwal_love@yahoo.com
Raj Kumar Makkad
(Expert) 04 November 2009
Mr. Krishan! You are appearing before a lower court and not supreme court. Though well drafted but this application is not meant for lower court. Kindly refer to CPC. Every application must be very very simple containing maximum 2 pages and 7/8 paragraphs. No authority should be mentioned in whole pleading what to talk of annexing it. Withdraw that application with permission to file fresh. You should provide specific paragraphs and words which are to be inserted/deleted. Amended plaint should also be filed simulataneousy. An affidavit along-with application is must. You can submit 1/2 relevant authorities at the time of argument.
adv. rajeev ( rajoo )
(Expert) 05 November 2009
Vey lengthy application but good.
We file application like this.
Case No;
( name of the court)
Plaintiff :
v/
Defendant :
IA /09
applicant ( name of the person who files appln.)
v/s
Respondant :
Application u/o.......
in this the Applicant-Plaintiff begs to apply as under:
For the reasons stated in the accompanying affidavit, in the ends of the justice , applicant may kindly be permitted to amend the plaint as under:
To Be Amended:
1....
2....
Place:
Date : Adv., for plf.,
_________________________________________+_
Same single cause tittle
Affidavit,
In this I so and so, do hereby state on solemn affirmation as under:
That I am the plaintiff in the suit and very well conversant with the facts of this case.
I have filed this suit for.....
But thru., oversight( or any other geniune reason) (here u have to state what amendment u want)
By the proposed amendment nature of the suit will not be changed.
Place;
DAte :
verification.
This is our style of filing an IA. Along with the application affidavit of the party is must.
venkatesh Rao
(Expert) 06 November 2009
I am with respectful agreement with the opinion of my learned friend R.K.Makkad. He has explianed with clarity and Brevity. I want top add some comments without prejudice to your contention.
1. No letter like application (Page-1 of attachment) should be filed before any court.
2. You can address the court but never write JUDGE SAHEB.
3. With great respect to the judiciary, I submit to state that no judge need be thanked for having gone through the citations. Use of such written words maygo a long way and lead to many repurcussions. Of course they are bound to view all the materials muchless the citations before disposing of any application.
