Ws, counter/affidavitt & amendment
dharmendra Singh
(Querist) 10 August 2012
This query is : Resolved
In a case, as a defendant I submitted the Written Statement but not the Counter/Affidavitt. 6C application of plaintiff is pending. Now I have to submit the counter/affidavitt. At this stage I want to make some amendments in WS. Regarding this my questions are -
1. The contents/facts in the Counter/Affidavitt must be the same as in WS or may be allowed with some differences/changes (some addition/deletion of the contents/facts as stated in WS)?
2. Can I submit the Counter/Affidavitt according to my proposed amendments in WS and after hearing of 6C application move the application for amendments in WS?
3. My lawyer is suggesting that moving the amendment application before 6C hearing is not strategicaly perfect and some differences in WS and Counter/Affidavitt not matter and allowed. Is it right?
niranjan
(Expert) 10 August 2012
It is advisable that WS should be amended immediately before hearing of ex.6C. However you can also file reply affidavit to ex.6c with other details,you can, but that may not carry weight as you had omitted those facts in the WS.
