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amiteshkumar   03 July 2016

can original civil plaint be modified at appeal at high cour

A civil title suit has been rejected at lower court under CPC order 7 rule 11.can the plaint be modified at the time of appeal at high court as an important fact was not included in the plaint.


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 2 Replies

adv.bharat @ PUNE (Lawyer)     03 July 2016

No plainth can't be amended at time of appeal.

amiteshkumar   03 July 2016

Is there any other way out as the civil suit was regarding a benami transaction under fiduciary capacity and reason or motive of the transaction was written in plaint as " due to unavaiodable circumstances" but actual reason was that real owner purchaser was in joint faimily and to avoid complications of brothers claimimg partition in the property he purchased in the name of his brother in law(sala).He was not aware that he can purchase in name of wife or due to fear of brothers.There was no question of black money or tax evasion as he being a small businessman.Will the hon. HC consider this fact while deciding the appeal.pls help

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