Sec. 340 of the Crpc

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
I'm defendant in a civil suit... the plaintiff was allowed to amend the plaint by adding only an additional defendant in the suit.. but without any prior permission of the court.. Plaintiff in his amended plaint added some material facts against that added defendant and also amended one prayer clause...and filed the said amended plaint in the court.. in such circumstances.. i brought to the notice of the court the whole scenario and also filed an application under sec 340 of the Crpc.... what exactly is sec. 340 of the Crpc and how am i suppose to satisfy the court about the application made under sec. 340 of the Crpc.???? explanation please???

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Kiran Kumar (Expert) 13 September 2010
I dont think its a stage where S.340 Cr.P.C shall come into operation.

The court may reject or dismiss his suit on this technical ground but it can not be said that the plaintiff added some stuff in a hidden manner.

The question is why the plaintiff demanded amendment.

If some person is being arrayed as a party to a case then there must be something against such a party.

s.subramanian (Expert) 13 September 2010
The plaint can be amended only with the leave of the court under order 6 rule 17 cpc. When the leave is given only for amending particular things alone,the plaintiff cannot amened any other matter in the plaint. It will be purely illegal to do so. Such an amendment made without the lerave of the court can be struck down by the court exercising powers under order 6 rule 16 of cpc.

Devajyoti Barman (Expert) 13 September 2010
This is not the right circumstances for attracting section 340 of cpc. At the most you could pray for deletion of the portion added without the permission of the court.

Sec. 340 of the Crpc

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