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guddu   15 October 2016

Legal help reuired

I HAVE FILED A CIVIL SUIT IN CO-OPERATIVE COURT. SOCIETY AND SOME MEMBERS TRIED TO BLOCK THE APPROACH ROAD TO MY BUNGLOW. BUILDER HAS PUT THE ILLEGAL UNDERGROUND WATER TANK ON MY APPROACH ROAD. I HAVE TAKEN THE PLEADING IN MY SUIT THAT UNDERGROUND WATER IS ILLEGAL. BUT MY LAWYER HAS NOT DEMANDED A SPECIFIC PLEA OF REMOVAL OF UNDERGROUND WATER TANK IN THE SUIT. NOW TRIAL IS GOING ON. TRIAL IS AT DEFENDANT EVIDENCE STAGE. I HAVE PRODUCED ALL THE DOCUMENTS IN THE COURT DURING MY EVIDENCE THAT UNDERGROUND TANK IS ILLEGAL. NOW I WANT TO ADD THE SPECIFIC PLEA OF REMOVAL OF UNDERGROUND WATER TANK IN MY PLAINT UNDER ORDER 6 RULE 17 OF CPC. TODAY I GOT A BOOK OF BUILDING REGULATIONS WHICH CLEARLY STATE THAT UNDER GROUND WATER TANK HAS TO BE BUILT IN COMMON PLOT. THIS AMENDMENT IS NECESSARY TO DECIDE THE REAL CONTROVERSY BETWEEN THE PARTIES. NOW MY LAWYER HAS ADVISED THAT WE SHOULD MENTION IN THE APPLICATION THAT PREVIOUSLY WE FORGET TO ADD THIS PRAYER DESPITE OF PLEADINGS OF REMOVAL OF TANK. NOW WE WANT TO ADD THIS PRAYER IN THE PLAINT. WILL THIS REASON IS GOOD ENOUGH TO GET AMEND THE PLAINT OR SHALL WE SIGHT ANOTHER REASON FOR DUE DILIGENCE TEST FOR AMENDMENT IN PLAINT


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 4 Replies

adv.bharat @ PUNE (Lawyer)     15 October 2016

order 6 rule 17 of CPC is sufficient groudn for it.

Arabinda Das   15 October 2016

How could I take defence plea in P.C.Act where a private law college staff has implicated under this p.c.act 1988

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 October 2016

Amendment shall in such cases be allowed. However mention some other reason apart from mere oversight or mistake. You must approach with clean hands to have discretionary releif granted in your favour.

Augustine Chatterjee

Advocate & Solicitor at Law

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guddu   17 October 2016

Real Reason is that by mistake we forget to add the prayer


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