amendment of counter affidavit

vidya sagar (Querist) 08 December 2008 This query is : Resolved
i have filed a counter affidavit wherein i have omitted a para.. now i want to amend it. can a counter affidavit amended under order 6 rule 17 of c.p.c ?

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Vinjamuri Venkata Rao (Expert) 09 December 2008
My Dear Friend
you need not amend a Counter Affidavit.
You may file an Additional Counter Affidavit by failing a Petition to receive an Additional Counter Affidavit by serving a notice to other side. the Court may allow your petition, if you show sufficient reasons for non menctioning the facts earlier Counter Affidavit. Thus you have to satisfy the court with sufficient reasons

G. ARAVINTHAN (Expert) 09 December 2008
As stated by Venkat sir, You have to file a petition to receive additional counter statement - stating all your merits and importance in saying the details of the counter statement.If you satisfy the Court, then it will do

Tribhuwan Pandey (Expert) 09 December 2008

Tribhuwan Pandey (Expert) 09 December 2008
Mr. Vinjamuri Venkata Rao is absolutely right.
There is no provision to amend affidavit, if there is some wrong in affidavit you may file supplementary counter affidavit after permission of the court.

Adv.Shine Thomas (Expert) 09 December 2008
There is no provision for affidavit to amend.Sri.Vinjamuri Venkata Rao is right.

vidya sagar (Querist) 09 December 2008
thank you all for your replys. I have a madras high court judgement which says that amendment in a Affidavit is permissible.

vidya sagar (Querist) 09 December 2008
does pleadings includes counter affidavit also ?

KamalNayanSaxena (Expert) 10 December 2008
Yes, amended affidavit can be filed with the permission of court.

Adv.Shine Thomas (Expert) 10 December 2008
thank you Mr.Vidya Sagar & Mr.Saxena.

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