Amendment
BEBO Arora
(Querist) 18 February 2012
This query is : Resolved
Dear all,
Is it possible to convert Order XXXVII summary suit to Order XXXIV suit.
or through amendment in plaint is it possible to covert order XXXVII summary suit to Order XXXIV Suit.
According to me through amendment the change in nature of suit is not allowed.
Further the best remedy to withdraw the order XXXVII suit and then to file fresh suit under Order XXXIV.
Am i correct?
kindly give your suggestions.
ajay sethi
(Expert) 18 February 2012
order 6 rule 17 deals with amendment of pleadings . you are right that no amendment is to be permittewd which chnages the nature of suit . there are number of judgements on this issue .
summary suit can be filed if it meets the requirements of order XXXVII of CPC .
why the need for conversion of summary suit ?
summary procedure is your best bet as it gives you good results in short period .
BEBO Arora
(Querist) 18 February 2012
Dear Sir,
We want to avail the benefit of foreclosure and sale....after the decree of order XXXVII we have to go for execution and then for attachment of property.
the property of the defendant mortgaged to us....so we want to avail that benefit...
according to me cause of action is same....and parties are also some.....first we want to convert Order XXXVII summary suit to ordinary suit.....than we will file Order VI Rule 17 application for amendment to change that suit to foreclosure and sale.
The court may allow our amendment....to avoid multiplicity of proceedings.....
i am on doubt that through aforementioned application we are changing the nature of suit or not...because purpose is same to receive the outstanding money.....
