Ammendment in plaint
KETAN J SHAH
(Querist) 29 July 2013
This query is : Resolved
Respected Sir,
The suit is filed in city civil court in 2011.The matter has reached upto the stage of Notice of Motion hearing and now the Plaintiff wants to amend the Plaint.
The Plaintiff's advocate wanted to file an application for adjournment of N?M hearing which the Hon Judge dismissed.The matter was put to final hearing and if the Plaintiff's advocate does not argue the matter the N/M was to be dismessed. The very next date the Plaintiff's advocate filed a chamber summons for amendment of the plaint.
Please give your valuable opinion 1) wether the Hon.Judge can allow filing of C S.2) can the final orders be passed on merits without hearing the suit.
Thanking you in advance
Devajyoti Barman
(Expert) 29 July 2013
No amendment of plaint is aallowed aat such advanced stage of suit.
prabhakar singh
(Expert) 29 July 2013
The Hon’ble Supreme court of India in Salem Advocate Bar Assn. v. Union of India [(2005) 6 SCC 344] has held that “It is to be noted that the provisions of Order 6 Rule 17 CPC have been substantially amended by the CPC (Amendment) Act, 2002. Under the proviso no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence, the matter could not be raised before the commencement of trial.
The same view reiterated in Chander Kanta Bansal vs Rajinder Singh Anand Decided on: 11/03/2008;
and in in N.Pandey & Anr. Vs. Swami Keshavprakeshdasji N. & Ors. [2006 (12) SCC 1] it laid in para 57 that the date of settlement of issues is the date of commencement of trial.;
and in in Baldev Singh & Ors. Vs. Manohar Singh & Anr. [2006 (6) SCC 498].,it observed that proviso to Order 6 Rule 17 CPC provides that amendment of pleadings shall not be allowed when the trial of the suit has already commenced.(para 17)
and there are so many of he like:
South Konkan Distilleries & Anr. Vs Prabhakar Gajanan Naik & Ors.
Rajesh Kumar Aggarwal vs. K.K. Modi [(2006) 4 SCC 385],
Raj Kumar Makkad
(Expert) 29 July 2013
Chamber service is not denied and such orders are generally passed but amendment shall be allowed or not, depends upon various factors.
R.K Nanda
(Expert) 29 July 2013
it is discretion of court to allow the said amendment.
Rajendra K Goyal
(Expert) 29 July 2013
Depends upon so many factors and the discretion of the court.
