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Sandeep Shukla (Teacher)     03 May 2014

About amendment petition

Dear Experts,

 

B has put a counterclaim suit on A's previously instituted suit. Now B has realised that there has been some mistakes on which both his written statements to A's suit as well as his counterclaim suit are based. Consequently B has decided to file an amendment petition for both his written statements and his counterclaim plaint. Additionally in A's suit there are other defendants involved as well besides B.

 

Now my questions are:

 

1. Can an amendment petition under Order 6 rule 17 for correcting both the written statement and the counterclaim plaint be submitted together instead of separately?

2. If this amendment petition fails, then can B still WITHDRAW his counterclaim petition under order 23 Rule 1?

3. Can the other defendants of A's suit also object to B's amendment? 

 

Thank you for your time and effort.



Learning

 3 Replies

Dr J C Vashista (Advocate)     03 May 2014

Answe to your query is:

1. Can an amendment petition under Order 6 rule 17 for correcting both the written statement and the counterclaim plaint be submitted together instead of separately?

 

Yes, it has to be moved separately since counter claim is registered as a separate suit.

 

2. If this amendment petition fails, then can B still WITHDRAW his counterclaim petition under order 23 Rule 1?

 

Since the counter claim has been filed u/o 8 CPC you will have to seek permission (liberty) of the court to refile after due correction, it is permissible.

 

3. Can the other defendants of A's suit also object to B's amendment? 

 

It depends upon the relief claimed by plaintiff in his/her suit vis-a-vis affecting your counter claim and relief claimed therein by you.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

Amendment to written statement can be filed as well as an additional written statement can also be filed.  If proper court fee has been paid for counter claim, it can also be proceeded with accordingly.

Withdrawal of counter claim is discretion, it can be done.

Any one having objections to the counter claim be it the plaintiff or other defendants, can very well file the same.

Dr.Vashista has given a proper opinion about the issue, I agree with him.

1 Like

Dr J C Vashista (Advocate)     06 May 2014

Thanks Mr. T Kalaiselvan ji

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