amendment in plaint

This query is : Resolved 
 

(Querist)
17 June 2008

can amendment in plaint be allowed at the stage of second appeal.




Guest (Expert)
17 June 2008

Depends on the case, and subject to High Court's permission.

There are case laws on this subject.

If it changes the issues framed, or requires fresh evidence based on amendment, then the amendment may be difficult.

SANJAY DIXIT (Expert)
17 June 2008

It depends upon the nature & fact, which to be amended. Stage of the case doesn't matter.
The only question at the time of considering the amendment of the pleadings would be whether such amendment would be necessary for decision of the real controversy between the parties in the suit.

amit gupta_lawyer (Expert)
17 June 2008

well ur query is very contradictory and unclear so state the facts for proper answer. i am not disputing the legal facts allege by my friends above but i am doubting whether it will apply to ur query or not.

Srinivas.B.S.S.T (Expert)
17 June 2008

it would be a herculian task my friend. First you have to satisfy the court that the amendment will not alter the issues and there will no necessary to adduce evidence and on later part you have to explain the delay and reasons for not making the amendment at the stage of trail itself. But as our friend Amit said you have to disclose some more facts so as to help you.

arunprakaash.m. (Expert)
18 June 2008

YES. With the permission of the court you can amed your pleadings at any stage of your case.

Sachin Bhatia (Expert)
06 October 2009

Depends on the case, and subject. And with the permission of the court you can amend your pleadings at any stage of your case.

raj kumar makkad (Expert)
09 October 2009

Amendment can be applied and it depends over the case to case whether it is to be admitted or not.

Gulshan Tanwar (Expert)
01 May 2010

Always amend any plaint "in the interest of justice" as it has widest of the meaning after life in legal sense.

Gulshan Tanwar (Expert)
23 January 2011




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