RAVI AGRAWAL (PARTNER) 08 August 2011

Amended to plaint

In a tenancy suit the plaintiff (landlord) filed an application under order 6 rule 17 to amend his plaint after about six years of filing the suit. By that application the plaintiff seek to amend the house number igiven in the plaint. Actuall The house number for which he had registered sale deed and house number for which he had filed suit were different. With his application U/O 6 R. 17 he also filed a schedule defining the four boundries of the suit property. The application was allowed by the learned court. The boundries defind by him are correct. My queries are:

1. Whether plaint can be amended after 6 year of filing the suit and that too with regard to a fact which was known to the plaintiff even before filing the suit. Here it is worth metnion that the title deed is dated app. 9 years before the date of suit.

2. What are rights of tenant with respect to above.

Reply Follow

5 Replies

ajay sethi (lawyer) 08 August 2011

an application for amendment to plaint can be made at any stage prior to framing of issues .mrely because 6 years have passed is no ground for denying application . an application for amendment is ordinarily allowed by courts unless a new cause is ought to be made

1 Like

adv. rajeev ( rajoo ) (practicing advocate) 08 August 2011

Normally amendment applications will be allowed. Up to 6 years what you were doing?

1 Like

Girish Puranik (Deputy Manager - Finance & Accounts) 22 July 2016

My query is also almost on the same ground.

Actually, I am a defendant.

The suit was filed in the year 2002 and is now almost 14 years.

Framing of Issue has been done by the Honorable court in August 2015 and the case is posted for Trial.

What I could understand is that the applicant is now supposed to submit necessary evidence & documents with respect to the issue framed before the court to take it further.

Now, the applicant insted submitting the documents & evidences had submitted an application for the amendment of the original suite & prayer.

The original suit & prayer was for the easement of light & air. Now, he wants to amend the same for the way in & out in addition to the easement of light & air.

Can honorable court allow such application at this stage? Please advise.

If yes, on what ground and if no then on what ground.

My simple query is...How the applicant can apply after 14 years and can change the original prayer. If court allow such amendment, it totally distroy the base of the original prayer. It will almost be a new suite.

Please advice.

Girish Puranik

98980-89470

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 22 July 2016

An amendment oiught to be generally allowed especially if it leads to avoiding multiplicity of proceedings or helps realise the real point of controversy between the parties.

Merely because the prayer clause has been amended, the nature of the suit cannot be stated to have changed

Girish Puranik (Deputy Manager - Finance & Accounts) 23 July 2016

Thanks a lot for your valuable advice..

But, my concern remains the same. I am also looking to it as a laymen’s point of view.

14 years before prayer was for the easement of light & air towards his east side.

Applicant had constructed the property around 35-40 odd years back and is having his main entry at South Side.

Now after 14 years, the applicant wants to make an amendment in the prayer and asking the easement of way in & out towards east side in addition to the easement of light & air.