Amendment of an affidavit
Querist :
Anonymous
(Querist) 18 May 2018
This query is : Resolved
How can i do an amendment in affidavit if file in order stage.? ...
SHIRISH PAWAR, 7738990900
(Expert) 18 May 2018
You can file amendment application as per provisions of CPC for amendment of pleading at any stage. Court may after hearing pass necessary order.
Ms.Usha Kapoor
(Expert) 19 May 2018
While agreeing with Shirish Pawar I state the following.
Ms.Usha Kapoor
(Expert) 19 May 2018
. Amendment of pleadings - The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Ms.Usha Kapoor
(Expert) 19 May 2018
35. The Apex Court was called upon to examine the validity of the amendments to the Code of Civil Procedure in Salem Advocate Bar Association v. Union of India. So far as the provisions of Order 6 Rule 17 of the Code of Civil Procedure are concerned, in para 26 of the pronouncement reported at , it was observed that:
Ms.Usha Kapoor
(Expert) 19 May 2018
26. Order 6 Rule 17 of the Code deals with amendment of pleadings. By Amendment Act 46 of 1999, this provision was deleted. It has again been restored by Amendment Act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. The proviso, to some extent, curtails absolute discretion to allow amendment at any stage. Now, if application is filed after commencement of trial, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier. The object is to prevent frivolous applications which are filed to delay the trial. There is no illegality in the provision.
Guest
(Expert) 19 May 2018
Please clarify the following points:
1) Have you asked for amendment in affidavit or pleadings?
2) If affidavit, that was for what?
3) Any specific reason for seeking amendment in affidavit?
Guest
(Expert) 19 May 2018
@ Ms. usha Kapoor,
Excellent example of verbatim pasting of 100% copied material by Ms. Usha Kapoor from the document available at the following thread:
https://indiankanoon.org/docfragment/972623/?formInput=civil%20procedure%20code%20order%206%20rule%2017
What is the own contribution of her own Ms Usha Kapoor, as a legal expert? Did the querist ask for the history of amendment to Order 6 of Rule 17 of CPC or the extract of any court judgment?
That clearly reveals that she is copy & paste expert, not a legal expert.
Further, where was the necessity for her for making 4 irrelevant and vague posts against a single question, when she did not know the exact answer to the query?
Ms.Usha Kapoor
(Expert) 19 May 2018
That was detailed provision of order 6 Rule 17 I posted. You are unable to distringui8sh between provision and other copy material. You seem to have lost sight. Get your eyes checked by Ophthalmologist.
Ms.Usha Kapoor
(Expert) 19 May 2018
Stop viewing everything from colored lenses or preconceived notions.
Ms.Usha Kapoor
(Expert) 19 May 2018
Till now you've not made a single meaningful contribution but you dare to criticize my correct and impressive replies.l 1or 2 wrongs Made means whole life I'd make mistakes?
Intentionally you are insulting me. You are putting me to ransom and committing criminal intimidation, insult and annoyance.
Guest
(Expert) 19 May 2018
@ Ms. Usha Kapoor,
Has the querist asked for detailed provision or the history of amendment of Order 6 Rule 17 anywhere? Even if he desired detailed provision of the referred Order, you could have quoted extract of the Order/Rule, which is entirely different from what copied material you have pasted.
Verbatim copying from a judgment and pasting thereof cannot be treated even 1% of your meaningful contribution. You have not been able to understand even the meaning of a question, what he wants to ask. In your eyes, there is no difference between an affidavit and pleadings.
You are a totally unreliable person for any advice to any querist, whereas you claim to be an expert. So far, almost all replies on your part have been found to be misleading, wrong and irrelevant. Day by day, you have proved yourself as a confirmed quack.
Pointing out blunder mistake can never be criminal intimidation or insult. Rather, you have been committing criminal offence of breach of trust of one and all, who come up with belief that he would get some correct advice. You have always been noticed to be misleading the querists.
Ms.Usha Kapoor
(Expert) 19 May 2018
I've decided never to interactive with you. It's like playing with fire.
Ms.Usha Kapoor
(Expert) 19 May 2018
Through your negative vibrations while interacting with you my health would get further ruined.
Guest
(Expert) 19 May 2018
Your query is quite unclear. Please make it clear.
T. Kalaiselvan, Advocate
(Expert) 21 May 2018
You want to amend the affidavit or your pleadings?
Well for any amendment, you may have to file a petition under Order VI Rule 17 CPC giving strong and convincing reasons for the amendments sought to be carried out.
