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Stephen (Pgm Management Professional (Retired))     19 February 2020

Validity of judge requesting amendment and apc

Dear Respected Sir, I Plaintiff had filed OS5854/2016 against 6 of the family (Father, Mother and 4 Major children) for money recovery and cancellation of sale deed of a property due to defendants cheating. The 3rd person of the defendant family’s D3 (Eldest Son) in their written statement and subsequent memo in 2017 filed that he is appearing on behalf of rest of the family by claiming his Father (D1) died also produced death certification. The case progressed till argument stage, though we (plaintiff) had given Memo of deletion of D1 – yet Judge is asking us (Plaintff) to file Amendment and APC posted stage back to Summons instead of Arguments stage and thus delaying the proceedings. When all info in prior stages is available for court to verify; is it necessary that we should still submit Amendment and APC, if so what should be content of Amendment OR can we point to Judge since D3 has already mentioned that he is representing on rest of the family hence the case should be posted immediately to arguments. Even otherwise after submitting Amendment will the judge post of Argument OR will Judge / Defendants still find some frivolous point to delay the proceedings. Requesting your kind help with detail advice. Thanks Stephen


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 1 Replies

Real Soul.... (LEGAL)     19 February 2020

Yes you need to file amended suit 


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