Order 6 Rule 17 amendment of pleading

Vinesh K Chhaya (Querist) 08 December 2016 This query is : Resolved
Can Order 6 Rule 17 (amendment of pleading)
be applicable in order to CMA
Application for Heirship certificate??

whether Civil Miscellaneous Application for heirship certificate with letter of administration consider as Plaint(Suit)or Application itself

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Advocate Bhartesh goyal (Expert) 08 December 2016
Yes,o 6 r 17 of cpc applies in civil miscellaneous proceedings.see the sec 141 of cpc
141.Miscellaneous proceedings.-

The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

R.K Nanda (Expert) 08 December 2016
question:Can Order 6 Rule 17 (amendment of pleading)
be applicable in order to CMA
Application for Heirship certificate??

Answer:Yes. also mention section 151 of cpc in said application.

Rajendra K Goyal (Expert) 08 December 2016
Academic query.

state material facts of the problem if any.

How are you concerned with the query?

Sankaranarayanan (Expert) 08 December 2016
ACademic query

Dr J C Vashista (Expert) 09 December 2016
How do you relate provision of Order VI Rule 17 CPC with CMA?

Do you want to amend your civil miscellaneous application, which is already an interlocutory application in the case of issuance of Letter of Administration in a succession case (suit)?

Either you could not frame your question (for examination) properly or the examinee is unable to follow it.