rajiv (self employed) 09 December 2014
Learned Sir's, I have a litigation "Declaration suit" 1st appeal pending in High Court of at Hyderabad. Another property of mine is now in dispute for question of Title. Since I already have an existing Declaration suit pending, is there a provision to appeal for amend the declaration suit and include this new litigation to the existing one? The reason I was thinking so is to avoid paying the heavy court fees again and for speedy justice. Please advise, thanks in advance for any suggestions.
Dr J C Vashista (Advocate) 09 December 2014
The amendment is permissible in trial court only, that too before settlement of issues i.e., pronouncement of judgment, not in appeal.
At this stage your case (filing afresh) shall be barred and not maintainable.
T. Kalaiselvan, Advocate (Advocate) 11 December 2014
No such amendments can be permitted after the case has been decided and disposed by the trial court. You may have to file a fresh suit only.
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