Sir,
Our Case dismissed by the lower court so we apply for a Apeel in District court now we need one small ammendment in apeel memorandum is it possible or not ?
kannan (cus supp engg) 26 September 2012
Sir,
Our Case dismissed by the lower court so we apply for a Apeel in District court now we need one small ammendment in apeel memorandum is it possible or not ?
Kundan Kr. Singh (Advocate) 26 September 2012
Dear Kannan
Order 6 rule 17 of CPC, 1908 permits amendment at any stage of the proceeding as may be necessary for the purposeof determinig the real question in controversy between the parties.This section has two parts. whereas first part is discretionary (may) and leaves it to the court to order amendment of pleading.The second part is imperative(shall)and enjoins the court to allow all amendments which are necessary for the purpose of determining the real controversy between the parties.
The amendment application can be moved even at the stage of Appeal.
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