Whether suit is liable to be dismissed on failure to amend suit after order of amendment?
Sadanand B. Panchal
(Querist) 24 March 2016
This query is : Resolved
Respected Experts,
On 15.02.2016 the Hon'ble Civil Court allowed my Chamber Summons concluding me as necessary party in Suit as such Plaintiff ordered to implead my name as defendant in suit within 14 days. Plaintiff prayed for stay of order to challenge it before the Hon'ble High Court. Court stayed said Order for 14 days and matter was adjourned on 28.03.2016 for trial of Notice of Motion in Suit.
Plaintiff neither impleaded my name in Suit nor obtained stay from Hon'ble High Court within 14 days from the date of Order. After 14 days Plaintiff filed Writ Petition under Article 227 of the Constitution of India before the Hon'ble High Court challenging said Order and served me copy of the same but as per Internet matter listed on 21.04.2016. Now the hearing of Notice of Motion in suit is on 28.03.2016..
If the said Writ Petition dismissed and Plaintiff go for amendment of Plaint, then Civil court will not in a position to accept the amended plaint after 14 days as per Order 6 Rule 18 Civil Procedure Code reads as:
18. Failure to amend after Order.-
“If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be unless the time is extended by the court.”
In the above circumstances kindly inform me:
Whether Plaintiff’s suit is liable to be dismissed on ground that, (1) My name was not impleaded in the plaint within 14 days and that, (2) Plaintiff failed to obtain stay to the Order of amendment within 14 days?
Plaintiff doesn't want to implead my name in suit therefore, filed Writ Petition.
Whether just filing of Writ Petition challenging any Order in civil matter amounts to automatic stay of the same Order?
Regards,
Sadanand Panchal
P. Venu
(Expert) 25 March 2016
The purely hypothetical and misconceived. What is the real issue?
Rajendra K Goyal
(Expert) 25 March 2016
Full case file need to be referred, discuss with your lawyer.
Adv. Yogen Kakade
(Expert) 25 March 2016
Your lawyer shall be the best person to guide you as he might be knowing the actual and detailed facts of the case.
dr g balakrishnan
(Expert) 25 March 2016
once the matter goes for an appeal then the relevant lapse of time is read into that way the time gets extended, that way you have to read the code of civil procedure 1908
Sadanand B. Panchal
(Querist) 26 March 2016
Respected Experts,
I think that mere filing of Writ Petition not treated as stay of the Order challenged. While allowing my Chamber Summons, the trial Court was competent Court has rightly proved that I am a necessary party in Suit. For Order in Chamber Summons no Appeal provided. Plaintiff failed to implead me within 14 days. After laps of 14 days no prayer for extension of time by the Plaintiffs and even Writ Petition is not admitted.
Kindly advise me as I approached the Hon'ble Court in person, I have no Advocate.
