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Can a memo of parties be amended after 4.5 years from the institution of the suit ?

(Querist) 13 April 2017 This query is : Resolved 
Can a Memo of Parties be Amended after 4.5 years from the institution of the Suit ?
Dr J C Vashista (Expert) 13 April 2017
Yes, it can be amended with the permission or directions of the Court, which depends upon facts and circumstances of the case proceedings.

However, it is a vague query lacking proper information.
R.K Nanda (Expert) 13 April 2017
state full facts.
Adv. Yogen Kakade (Expert) 13 April 2017
Mention full facts to guide you.
Sanjeev (Querist) 13 April 2017
Suit filed for Recovery & Damages against A Pvt. Ltd. Company. & It's 2 Directors.

In Memo of Parties :

D1 = Pvt. Ltd. Company.
D2 = Director (A).
D3 = Director (B).

In Plaint it was mentioned that He had an agreement & been dealing with the Pvt. Ltd. Company & it's Directors (in actual he was not) from the last 3 years.

& because of them he has suffered loss.

In his supported Evidence,

He has made Forge Documents Like An Agreement mentioning many terms & conditions as per his like & many other bills etc.

He has Filed only the True Copies of the Purported Bills in his Evidence.

He has never even Filed the Certified Copies in his Evidence.

Written Statement - Defendants denied everything.

Also taken the Defence under Order 7 Rule 11.

Rejoinder - Plaintiff is mentioning that he was kept in dark till date. Now he came to know that Defendants were working under the Sole Proprietorship Firm in the same name as of Pvt. Ltd. Company.

Questions :

Plaintiff has Pleaded a Pvt. Ltd. company & Other defendants As Directors of the company. Now he is saying that it was a Sole Prop. firm which has all the dealings with him.

So in this case doesn't he needs to amend the Plaint & Memo of Parties ?

Regards





Sanjeev (Querist) 13 April 2017
& what about Plaintiff's Forged Agreement (Foolish thing i ve ever seen) he has made mentioning him & Pvt. Ltd. Company as paties, which doesn't have the Signatures of the Directors or it's authorised representatives ?

Can the Directors File complaint u/s 464 against the Plaintiff ?
Raj Kumar Makkad (Expert) 15 April 2017
There is no legal hurdle in curing such mistake even before the pronouncement of judgment.


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