CPC O.6 R.17
Querist :
Anonymous
(Querist) 19 March 2011
This query is : Resolved
Civil Judge having arbitrarily allowed application of plaintiff to amend plaint to amend prayers but the Amended Plaint carries various alterations (intentional as also inadvertant typographic), can such Amended Plaint beyond the Order u/O6R17 be valid for Written Statement ? If not, what could be the course of action for the Defendants to oppose before filing WS or these could be made as preliminary Objections ?
Devajyoti Barman
(Expert) 20 March 2011
No ,it is not permissible. Draw the attention of the court and ask the court to expunge or strike out the averments made beyond the amendment.
adv. rajeev ( rajoo )
(Expert) 20 March 2011
No such amended plaint cannot be entertained, but if court is already entertained you can file an additional written statement bringing to the court notice regarding amendment carried out . It is better because yours' will be in writing.
G. ARAVINTHAN
(Expert) 20 March 2011
file revision before high court and get it setaside
Kirti Kar Tripathi
(Expert) 20 March 2011
Though while allowing amendment, the court should adopt liberal view and amendment can not be refused on hyper-technicalities but other other hand it is also settled position of law, no amendment can be allowed, if it enlarges the scope of earlier pleadings. If you are aggrieved and the proposed amendment enlarges the scope of earlier pleadings, you may file revision.
Arif Iqbal
(Expert) 20 March 2011
Filing revision may serve your purpose: amendment beyond pleadings, and changing the nature of the suit is not permissible.
Querist :
Anonymous
(Querist) 21 March 2011
Any immediate relief for the Defendant by pointing out such unauthorised amendments that too beyond the scope of initial application u/O.6 R.17 ?
Any case laws, please ??
R.Ramachandran
(Expert) 21 March 2011
What immediate relief you are thinking about. All that you say is that the written statement should not be amended more than what was permitted / allowed by court. If anything is done in the Written statement beyond the permitted limits, you are supposed to raise objections. Those objection will definitely be disposed of before permitting the amended Written Statement as it is, or asking the defendant to restrict the w/stt. only to the extent allowed by the Court. If the Court does not dispose of your objection and simply proceeds, then you have to move the higher forum against this. This is how the case will proceed. More than this it is not clear what sort of immediate relief you are expecting.
Querist :
Anonymous
(Querist) 02 October 2011
Rejection of Plaint being contrary to the permitted amendment ? Should that not follow as a consequence to committing contempt of the permission allowed under O 6 R 17 ?
