Amedment application in d v act proceedings
amol
(Querist) 22 September 2012
This query is : Resolved
Whether amendment application for changing the prayers and adding extra prayers under sec 22 of the D V Act is maintainable under the circumstances when the Affidavit of evidence already put on record and matter is at the stage of her cross ?
the magistrate allowed the said application after failing affi of evi on record.
pls suggest ur opinions sirs ?
pls provide me the judgements on this point i m also searching but since there is an urgency pls provide me the judgements on this points sirs thanks
R.K Nanda
(Expert) 22 September 2012
amendments can be allowed at any stage of case by court.
ajay sethi
(Expert) 22 September 2012
since trial has already started magistrate ought not to have allowed filing of amendment application . in case you are aggrived go in appeal aginst said order ebfore sessions court . try your luck . what are the additionakl prayrers sought now?
amol
(Querist) 25 September 2012
Additional prayers are under sec 19 (8) Stridhan
& Compensation u/s 22
surprising fact on record is that she had filed Affid of Exam in Chief in April and Filed Application for making amendment of prayers as stated above in Orig application in the month of July 27th and the matter is at the stage of cross inspite of that her applin is allowed for amendment pls furnish the judgements if u have and one more thing this application is as per O 6 R 17 of CPC is it permissible BZ D V act to follow CRPC as stated in the act itself
Bz point is that erlier she demanded Streedhan though not prayed in orig Application and the same was rejected under sec 23 interim order rejected now the action of seeking same relief by amending prayers through this impugned order of allwing amendment appli under CPC can amounts to Res Judicata or not ? Pls Guide with Judgements Thanks
