amendment petition

susanth nair s (Querist) 24 October 2008 This query is : Resolved
sir, suitfor realization of money based on a pr.note the pro note produced by the plaintiff is dtd.10/03/2006 but in the suit notice,plaint and even in the chiefaffidavit it is stated that pro note was executed on 10/03/2007. the plff was examined,documents were marked and defendant,s evidence also closed and posted fr hg. now realising the defect plff filed ptn to amend the plaint,notice ie ext.A3,and affidavit i am appearing for defendant plz help me to draft objection to the amendment ptn.whether chief affidavit can be amended with bestregards

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anonymus (Expert) 25 October 2008
Brother, it is basic law that affidavit is a statement on oath made before an advocate or notary. How can it be amended without getting attestation or after getting attestation from the concerned advcote before whom the affidavit was sworn. Further 0r 6 r 17 permits only amendment of pleadings and pleadings mean plaint and written statement as per or 6 r1. So at no stretch of imagination the affidavit can be amended. only option is to file a fresh additional affidavit stating the correct particulars.

ARVIND JAIN (Expert) 25 October 2008
NO AFFIDAVI CANT BE AMENDED NOW.YOU CAN FILE A FRESH AFFIDAVIT

Murali Krishna (Expert) 25 October 2008
After the amendments to the CPC, strict rules for amendment of plaints is not insisted upon.

Supreme Court has been very liberal in this aspect and time and again. Pl refer to (2007) 5 SCC 602 (paras 17 & 18).