Amendment in written statement
ad
(Querist) 23 June 2013
This query is : Resolved
Sir,
One case u/s 18 of HAMA is pending aginst me. my evidence in written has been filed and my cross examination is yet to be done. now i think to file additional written statement, as i think that some facts and details has not covered in my W.S. Is it possible now to file additional W.S. will court allow it.
Kindly guide.
Regards.
Nadeem Qureshi
(Expert) 23 June 2013
You can file an Application under Order 6 Rule 17 of CPC before the court for amendment, its depend on you, if the court satisfied with your version after heraing both the parties then the court may pass an Order for amendment
17. Amendment of Pleadings.- the Court may at any stage at the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
ajay sethi
(Expert) 23 June 2013
the issues have already been framed and you have tendered your affidavit of evidence . application for amendment ought to have been made before trial started . why were these facts not mentioned by you at time of filing of WS . go by your lawyer advise
Devajyoti Barman
(Expert) 23 June 2013
If evidence of petitioner has started , amendment of WS would be very difficult.
Adv Archana Deshmukh
(Expert) 23 June 2013
When the defendant's evidence has already begun, you cannot amend the WS at this stage to fill up the lacunas.
Raj Kumar Makkad
(Expert) 24 June 2013
Obtain permission from court and only then do as desired.
Rajendra K Goyal
(Expert) 24 June 2013
Agreed with the experts, nothing more to add.
ad
(Querist) 28 July 2014
Sir,
I want to informed you that my amendment appl. has been allowed by the hon'ble court.
thanks for your valuable suggestions.
