amendment to notice in a property claim !

Querist : Anonymous (Querist) 10 May 2010 This query is : Resolved
Dear Experts of the forum,

A person 'X' serves Legal notice on 'Y' in a Family partition . At a later date, 'X' wants add some fresh point/s (ignored / not raised ) and serve an amendment to Legal notice served earlier to 'Y'.

OR is it O K ,if this fresh point/s (ignored / not raised ) are added directly in Plaint, at the time of appeal in the COURT.

My advocate says this cannot be done, the Legal Notice served will be plaint for appeal in the case and no point/s ignored / not raised in the Legal Notice ,can be added at a later date. IS IT SO ? Please guide me in this regard, matter is little URGENT please!

With regards and Thanking you ALL in Advance.

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R.R. KRISHNAA (Expert) 10 May 2010
Certain facts though omitted in the legal notice can be added in plaint unless they take the opponent to surprise and prejudice. If the fresh points are necessary for the purpose of the suit/plaint to decide the real controversy between the parties then the lacuna of absence of such points in the legal notice will not affect the suit.

Moreoever if X is able to show the court that the omission of such facts in the legal notice was not deliberate and unintentional, then the court will certainly permit the fresh points to be retained in the plaint.

In India and in particularly in moffusil pleadings should be construed liberally. Courts will allow all facts necessary to be pleaded in the plaint. If the facts (fresh points) to be stated by you are vital and material to the circumstances of the case certainly the court will permit it.

Querist : Anonymous (Querist) 10 May 2010
Dear R.R. KRISHNAA,

Thank you very much for your QUICK reply.

Friends of the forum, any further opinion please .

With Regards.