Sir.
My query is that i filed a divorce petition but some important thing which is related to the dispute and very important for succeeding in the petition is left to added in the petition. Without taking this on the record petition may be rejected. Can I add this thing, in my plant at present stage, when reply has been filed by respondent but trial is not started till date.
The things which were left to be mentioned are among the cause of actions, but was left to be added mistakingly. Can it be added at present stage.?
Yes You can do it under "Order VI Rule 17" of the CPC there is a provision as mentioned below:
Order VI Rule 17 Code of Civil Procedure :
- Amendment of pleadings – The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”
Hope this should suffice your requirement.
Regards
Adv. Rohit Dalmia
