krishna 07 December 2015

Can we correct the filed case contents

Hello every one.

This is a wonderful forum with lots of great information. Here is my question.

I have filed a case in state consumer forum hiring a lawyer against a builder who is not completing the house/venture from over 3 years. The lawyer did not showed me the document while filing and later when I got a copy of it, there are some technical errors in it. Such as

-> one of the amount was wrongly mentioned.

-> Bank was accused wrongly, though they are 100% genue and they did not do the thing what was accused.

->One of the logical points agaist the builder was mentioned, which did not happen at all.

Now that I have taken back the case from that lawyer and got a NOC from him, is there a way to correct those 3 points? Or should I take it back and re file it?

I am not sure if the notice were dispatched or not? but I can see that the first update to the case was happed on line mentioning the below.

Date of Hearing	Date Of Next Hearing	Case Stage	Court Proceeding	Order
13/08/2015	02/12/2015	Registered	Proceedings	Daily Order
02/12/2015	21/01/2016	Admission	Proceedings	Daily Order

Thanks,

Krishna

Reply Follow

6 Replies

SRISHAILA.DHARANI (Advocate&consultant) 07 December 2015

1. You can take back the file and refile it. You have to file memo to the court narrating the facts. The court will allow. Srishaila, advocate, Bangalore, 9741425514

Shreshta@ JA Beno AOR supreme (AOR supreme court of india ) 07 December 2015

you are suggested not to with draw the case as all your efforts will go to vain, Insterd you can file a ammendment petition to amment necessary amendments and file the same for adjudication and you should be very careful in filing the petition for bonafied reasons as your petition speaks till the Honorable Apex court.

Cont-9891747782

Anand Bali Adv. (Advocate Solicitor & Consultant) 09 December 2015

Dear Friend,

From the date table mentioned by you it is shown that the next date for the hearing of the case for admission is 21/01/2016 on that day you can submit an application seeking amendment on the plaint as per the Civil Procedure Code 1908 and after getting permission and leave for that file an amemded plaint with the state forum.

It is clear for the date proceedings that admission of the case is not done and is put for hearing on admission on 21/01/15 only after that the process will start in which first step is serving of notice to the other party. So you are not advised to withdraw but seek amend ment in the plaint. It will save money and time both.

Take help of a good educated Advocate.

T. Kalaiselvan, Advocate (Advocate) 16 December 2015

As suggested by advocate friends, you can file an amendment petition to amend the complaint wherever you want to amend them instead of withdrawing the complaint for refiling.

krishna 16 January 2016

Thank you all so much for the replies. Final questions before I consult another lawyer.

1. how many changes can be made to a complaint? ( I have about 10 corrections).

2. Can we remove one of the person from the case? ( My lawyer has un necessarily included the bank manager as accused along with the builder,who recently got the notice.He is a genuine person and I dont want to trouble him). Can we request to exclude this person from the case?

3. In case if the builder now shows he is in loss ( IP), what wil be the out put I get if I win this case.