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Discussion > Civil Law > Procedure > Amended to plaint   Unanswered Threads Post New Topic

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RAVI AGRAWAL


PARTNER
[ Scorecard : 40]
Posted On 08 August 2011 at 14:09 Report Abuse

In a tenancy suit the plaintiff (landlord) filed an application under order 6 rule 17 to amend his plaint after about six years of filing the suit. By that application the plaintiff seek to amend the house number igiven in the plaint. Actuall The house number for which he had registered sale deed and house number for which he had filed suit were different. With his application U/O 6 R. 17 he also filed a schedule defining the four boundries of the suit property. The application was allowed by the learned court. The boundries defind by him are correct. My queries are:

1. Whether plaint can be amended after 6 year of filing the suit and that too with regard to a fact which was known to the plaintiff even before filing the suit. Here it is worth metnion that the title deed is dated app. 9 years before the date of suit.

2. What are rights of tenant with respect to above.



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ajay sethi


lawyer
[ Scorecard : 81519]
Posted On 08 August 2011 at 14:42 Report Abuse

an application for amendment to plaint can be made at any stage prior to framing of issues .mrely because 6 years have passed is no ground for denying application . an application for amendment is ordinarily allowed by courts unless a new cause is ought to be made



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adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35287]
Posted On 08 August 2011 at 17:19 Report Abuse

Normally amendment applications will be allowed.  Up to 6 years what you were doing?



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