Revision in written statement & prayer made
Ashok Kumar
(Querist) 07 February 2012
This query is : Resolved
Dear Sirs,
A civil suit is in proceeding, please guide me -
1) Can the written statement submitted for a plaint be revised during the proceeding.
2) Can the prayer made in the written statement be revised.
3) Can a written statement be submitted as a reply, for an appeal made by the opposing party.
Thanks & Regards,
ajay sethi
(Expert) 07 February 2012
an application for amendment of written statement can be made before issues are framed .
2) in WS basically only prayer is that plaint be dismissed and Plaintiff drected to pay costs
3)in case of an appeal we file an affidavit in reply
Deepak Nair
(Expert) 07 February 2012
1. The Written statement can be amended with the permission of court. But no material changes to the defences taken are allowed.
2. As advised by Mr.Sethi, the prayers in a WS is for dismissal of suit, compensatory costs etc, which need not be revised.
3. No written statement is filed in an appeal. To appeals, we file affidavit in reply.
Devajyoti Barman
(Expert) 07 February 2012
What is the actual problem?
Your query does not seem to have any application except academic interest.
Ashok Kumar
(Querist) 07 February 2012
Dear Sirs,
Thank you all for your kind guidance.
The WS of the civil suit (of against permanent injunction on construction of my plot by my neighbor on frivolous issues to harass me) was submitted 6 months before,.
The Ld. Lower Court has allowed me for the construction on the merits of the WS and after conducting two proceedings, however the framing of issues will take place next week. A further appeal has been filed by my neighbor on the permission granted for construction by the Ld. Lower court to prevent me from doing it.
In the mean time I have been advised, for inclusion of some more points and better prayer to further strengthen the earlier WS and counter file a new WS for the appeal made. However, as per my lawyer it is not feasible, but still I want to explore if there is some way out for the same.
Kindly revert back.
Thanks & Regards
V R SHROFF
(Expert) 07 February 2012
if issues not framed, you can amend your WS, irrespective of Appeal filed [ for ex-5 I believe, which is interim order allowing you to continue construction]
As Opp party failed to get STAY, and lost their bargaining power to extract money from you, appealed against court order.
If appeal court ask for all papers, you will have to wait till records come back to lower court ,for filing WS, then framing issue.
RAJU O.F.,
(Expert) 11 February 2012
As per Order 6 Rule 17 of CPC WS may be amended before the commencement of trial. Law explained in 'Usha Balashaheb Swami' case reported in (2007) 5 Supreme Court Cases 602.
Ashok Kumar
(Querist) 14 February 2012
Dear Sirs,
Thank you all, for your kind guidance & support.
Best Regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
