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Amit D   13 December 2024

Procedure for filing application to amend

I want to file an application to Amend a Reply I filed to an application for Temporary Injunction filed by my adversary.

I understand that the application should be made under Order VI Rule 17. It should state the changes. For example:  In para 4, the word "abcd" was replaced by "xyz."  In para 7, before the word "account", the word "company " was added. 

Then it should have the Reply as an annexure with the changes marked.

Question: Should I also include the final, after amendment Reply as an annexure too? 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     14 December 2024

If the argument on the injunction application has not been heard then you can file a petition to amend the original application for the reasons you rely upon.

But you say that you want to amend the reply, however you can file a petition seeking court permission to file additional counter for the reasons you have stated here.

1 Like

Amit D   14 December 2024

The Judge cannot insist on holding arguments without deciding on the application. Am I correct? Arguments are scheduled on that day.

T. Kalaiselvan, Advocate (Advocate)     14 December 2024

It depends, if the court is not entertaining the amendment application then it may proceed with the hearing of the interim injunction application directly but generally it do not happen.

1 Like

Sankalp Tiwari   15 December 2024

Good Afternoon,

When you make an application under Order VI Rule 17 of the Civil Procedure Code for amendment of a reply, clarity and completeness in your submission are important. The application must indicate the amendments sought and their necessity. The courts expect you to clearly show how the proposed changes impact the case and why they are essential at this stage.

In your application, it is advisable to provide the original reply with proposed changes marked (for example, strikethrough for deletions and underlining for additions) and the text of the amended reply in final form after proposed changes are implemented. While not compelled to do so, giving the final amended reply can help the court appreciate the full impact of the changes in context, which may add persuasiveness to your application.

Courts generally appreciate transparency in such matters, and presenting both documents minimises the chances of objection by the opposing party. The strongest justification for the amendment has to be presented on why the amendment is being sought, especially if it is coming at the pleadings stage. An application well-drafted with these documents increases the possibility of its acceptance.

Regards,
Sankalp Tiwari

1 Like

Amit D   15 December 2024

Respected Advocate Kalaiselvan and Respected Advocate Tiwari:  Thank you very much. Extremely useful advice, to the point, and with reasons.

T. Kalaiselvan, Advocate (Advocate)     15 December 2024

You are welcome for your appreciations..... 


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