Defendant lawyer has moved an app for amendment of their ws
vinaykala
(Querist) 11 April 2012
This query is : Resolved
dear sir,
i filed a suit for possession in delhi high court for my property on which my brother was illagally running a guest house.
the issues have been framed and the affidavits of all parties have been submitted over five months back.
today the defendants lawyer has moved an app for amendment of the written statement.
i feel that we should oppose this move and the court would not allow this course.
kindly enlighten sir
vinay kala april 11,12
ajay sethi
(Expert) 11 April 2012
amendments are allowed by court s prior to framing of issues . after issues are framed court may not allow amendments
Amendment cannot be allowed because of an itch of the party to amend WS. Amendment can be sought only where due to inadvertence some facts have not been stated or had missed. Such amendment can be sought only within reasonable time that also before the start of trial.Dishonesty cannot be encouraged by the Courts nor can the Courts encourage the efforts of litigants to delay the proceedings as long as possible by one or the other method.
vinaykala
(Querist) 11 April 2012
thanks sethi sahab,
i have got clarity
vinay kala
april 11,12
Nadeem Qureshi
(Expert) 11 April 2012
1[2[17. Amendment of pleadings.-
The Court may at any stage of the proceedings allow either party o 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 question in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
adv. rajeev ( rajoo )
(Expert) 11 April 2012
Court can allow the amendment application at any stage, if it founds it is relevant. You can oppose the amendment because evidence is already commenced.
Nadeem Qureshi
(Expert) 11 April 2012
Dear Querist
The main object of the rule is that the courts should get and try the merit of the case that comes before them and should consequently allow all amendments that may be necessary for determining the real quwstion in controversy between the parties without causing in-justice to the other side. it has been held by Supreme Court Of india the the rule of conduct of the court is that " however negligent or careless the first omission may have been, and however late the proposed amendment, the amendment should be allowed if it can be made wothout injustice to the other side".
The provision under first part of rule 17 is discretionery while second part is mandatory and enjoins the court to allow all amendments which are necessary for the purpose of determinating the real question in controversy between parties.(Rajesh Kumar Aggarwal v. K.K. Modi, AIR 2006 SC 1647
feel free to call
Adv.R.P.Chugh
(Expert) 11 April 2012
The Court shall normally not allow any amendment after trial has begun....If chief of some parties has begun - amendment is not normally allowed - unless the party seeking amendment proves that even with due diligence the matter could not have been brought before the court earlier, even then it is allowed with heavy costs.
V R SHROFF
(Expert) 12 April 2012
the stage is" issues frame, no evidence.
So it there is merit, amendment will be allowed, if imp pt missed , despite due care, & if in the interest of justice.
MohammedRaffiq Bijapur
(Expert) 12 April 2012
I do agree with opinion of Adv Nadeem Sir. However now a days the courts are very liberal in matters of amendments.
Raj Kumar Makkad
(Expert) 12 April 2012
Amendment is not a big issue in present scenario if the same do not affect the interest of the opposite party adversely. Amendment can be made at any stage even before the pronouncement of the order.
R.K Nanda
(Expert) 12 April 2012
You oppose the said application of defendant
strongly and file an effective reply to it and get it dismissed by court as it is very much delayed one.
Deepak Nair
(Expert) 12 April 2012
Mr. Nadeem has explained it in a best way.
Well done Nadeem..
Devajyoti Barman
(Expert) 12 April 2012
After the coming into effect of CPC amendment in the year 2002 , amendment of pleading is no more permissible after the commencement of trial. The trial here denotes the time when the evidence of the parties starts.
However exception can be made if it is made out that the matter sought to be amended was not available prior in time.
So in a nutshell, amendment depends upon peculiar facts situation of case which could not be genralised in either yes or no.
RAJU O.F.,
(Expert) 12 April 2012
As per Order 6 Rule 17 of CPC pleadings can be amended. Amendment of plaint is allowed till trial is commenced. But courts are liberal in the case of WS. Please refer
(2007) 5 Supreme Court Cases 602
prabhakar singh
(Expert) 13 April 2012
In view of author query stood resolved by answer of Mr.Sethi,then why to opine more.
dev kapoor
(Expert) 14 April 2012
Hi,
Reading carefully each opinion,it transpires there is unanimity regarding 'amendments are usually allowed' in the pleadings unless a right has accrued to the other party in the fray e.g limitation etc.
Courts are usually liberal in allowing the amendments in pleadings irrespecting of the fact that due to this indisacreminate amendments people have started losing faith in the Indian justice` delivery system,which has received a big jolt.The Querist need not feel much happy as the situation is scarcely in his favour.Yet it dependa chiefly on (i) How strongly/legally the advocate opposes the amendment;(ii)Whether there is a TRUE & REAL NEED to allow amendment in order to decide the points of controversy between the contesting parties & (iii) bend of mind & experience of the Judge in civil laws.
