Is it valid to add amendment to plaint in same application as for adding heir for passed plaintiff
niky......
(Querist) 14 April 2014
This query is : Resolved
plaintiff passed away. So his son makes an application to bring him as next plaintiff and in same application ask for amendment in the plaint.
Is this valid? that even before new plaintiff is brought on record , he is asking for an amendment in same application.
Or first his son needs to be added as plaintiff and only then he can ask for further amendment.
Devajyoti Barman
(Expert) 14 April 2014
Regular professional query..make your homework.
niky......
(Querist) 15 April 2014
Sorry i didnt get you Mr Barman? i am the defendant and new plaintiffs have raised an application to bring them as heirs and also asked for amendment to plaint in same application.
My lawyer is asking to propose that the plaintiff application for amendment is incorrect as new plaintiff are not on record yet and even before that they are asking for amendment to plaint. But a distant friend lawyer is suggesting that new plaintiffs can add a amendment to plaint in the same application as well.
So not sure who is correct and wanted experts' opinion.
Dr J C Vashista
(Expert) 15 April 2014
Professional query contact your lawyer.
LRs of deceased will be required to be brought on record with an amendment in Memo of parties, through same application.
If the amendment is sought for some other purpose, then separate application shall be required.
niky......
(Querist) 15 April 2014
Thank you sir Dr. Vashista. Your suggestion was very helpful.
Rajendra K Goyal
(Expert) 15 April 2014
well advised by the expert Dr. JC Vashista ji.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
An application under order XXII Rule 3 and section 151 of CPC for impleading the proposed parties as plaintiffs by the LRs of deceased plaintiff upon the death of plaintiff is very well maintainable, what is the objection to it? After this petition is allowed, an amendment petition to make necessary amendments to the plaint can be filed and on it being allowed, the plaint can be amended accordingly.
Dr J C Vashista
(Expert) 16 April 2014
I have some respectful disagreement with Mr. T Kalaiselvan, Advocate that the plaint cannot be amended even after allowing the application for impleading the LRs of deceased, except memo of parties for which proposed amended memo of parties shall have to be filed along with the application u/o XXIII (r 3, 8 or 10 as the case may be).
RAJU O.F.,
(Expert) 16 April 2014
On the death of the plaintiff, his LRs have to file a petition to get them impleaded in the suit. The court will allow it if filed in time and then plaint can be amended adding the LRs as the plaintiffs.
