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Santosh kumar (lect)     09 May 2015

Amendment of plaint without permiion of court

Hello Experts 

I am a defendent to a sec 24 HMA case where the petitioner-wife's advocate made some amendments to the plaint without the permission of the court. Such amendments where made in the court petition and this was not done to the copy of the petition that was served to me through the court. Some of the amendments are material in nature.

In my opinion such can only be done only upon an application under Order 6 rule 17 of CPC. Without such application / or leave of the court , such amendment should be regarded as tampering of court documents . In a way contempt of court.

I discovered this amendment after I filed my written statement. And immediately got a certified copy of the plaint. 

Under what provisions can I seek dismissal of the suit for making such amendments without the leave of the court ?

I know it attracts crpc 340 , but that doesn't make a case to dismiss the case. Please explain.



Learning

 3 Replies

Shantanu Wavhal (Worker)     10 May 2015

she filed the case u/s 24, HMA only ??

Santosh kumar (lect)     10 May 2015

Main case is a divorce petition. She filed for Interim maintence during reconcillation attempts.  The amendments made are hand written and are such that a whole paragraph got added and my salary was altered such that court version of salary is almost double the salary quoted in the petition copy served to me by the court.

Santosh kumar (lect)     14 May 2015

Dear experts 

Please share your opinion. Do I have a ground to dismiss the case , as the served copy and copy of plaint is different as stated above. 

The amendments made in suit though attested by the advocate. I see no reason , why such amendments are missing copy of the plaint served to me through the court. 

regards 

Ramesh 


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