amendment of plaint
ABHIJEET
(Querist) 11 July 2014
This query is : Resolved
plaintiff how many times file application for amendment of plaint
V R SHROFF
(Expert) 11 July 2014
Advocate Abhijeetji,
We help needy persons here.whose personal legal problem, and cannot afford Lawyers.
Nadeem Qureshi
(Expert) 11 July 2014
there is no restriction to file amendment application before court, its depend on the court that court allow or reject the same.
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
Thus, the academic query have started invading this section more these days. I stand by the experts on academic queries.
ABHIJEET
(Querist) 16 July 2014
thanks all of them...
Guest
(Expert) 16 January 2016
It is not unusual to seek amendment of a petition or application. It needs court permission which is normally granted. But you cant go every now and then and ask for amendment. Your case will be dismissed.
You can also move supplementary applications under various rules.
The best way is to prepare case properly and file your petition complete in all respect with key documents of the case and list of witnesses.
You cant file a money recovery petition without the invoice which was issued to you and then at end of trial come up with some invoice.
You also need to file original or certified by court copies of document only.
You also have option to withdraw your suit and then refile it later.
under inherent power of courts for specific purposes, court can grant relief at any stage of trial, if interest of justice requires that
Please note interest of justice and administration of justice is goal and not the petition correctness. There is always a gap between what law is and what law ought to be. That is the gap that law makers have to close . It is also attached to issue of Morality.
It is unfortunate that in India typing of application, procedures have become masters and goal of litigation subservient to it.
But at the same time seeker of justice cant misuse court or cant keep changing grounds to suit him and negligence and lack of diligence is certainly no ground for relief or concession by a court.
Once you submit a statement/ evidence how you can ask to change it? You cant say a person X is my brother and then say it was a mistake. How it can be a mistake?
As regards seeking relief, you can always add more reliefs by moving application.
If new facts come to light during a trial even in case of murder, court can admit new facts if it is satisfied these are substantial and strong.So it all depends on situation, type of changes sought and interpretation by court
